Unless they have been living under a rock, most employers know about the federal Family and Medical Leave Act (FMLA), and similar state laws, which require that covered employees be granted leave for certain family-related events (such as the birth of a child) and illnesses. However, there are a growing number of laws protecting the right of employees to take time off (either paid or unpaid) in other circumstances as well. Coverage usually depends on the number of employees that an employer has. Employers should be aware that they might be required to grant an employee leave under the following circumstances:

• Military Service – In addition to the federal FMLA, many states also have laws providing for employee leave to care for family members deployed or injured in military service. The leave could also apply to time spent addressing issues that arise due to the call to active duty, such as making childcare or financial arrangements. Many states have also enacted laws which, like USERRA, protect the employment rights of employees who themselves took time off for military service. Employers covered by both federal and state law must follow the provisions most beneficial to employees.
• Emergency Volunteer Services – Many states have laws providing leave for, or protecting the employment rights of, employees who are volunteer firefighters or emergency workers. Some states provide this type of leave only for public employees.
• Jury Duty – Federal law prohibits employers from firing, threatening to fire, intimidating or coercing an employee because of jury service in a federal court. Nearly every state has a similar law and some states extend protection to employees called as witnesses in court proceedings.
• Voting – Many states have laws allowing employees time off to vote.
• Organ and Blood Donation – Many states require covered employers to give employees time off to donate bone marrow, organs, or blood.
• Domestic Violence – A growing number of states are requiring that certain employers grant leave to victims of domestic violence for purposes such as obtaining medical care or counseling, and attending court proceedings or meetings with prosecutors.
• School Activities – Some states require that covered employers give employees leave to attend school-related activities and conferences concerning their children.
• Disability Accommodation – Granting leave may be considered a reasonable accommodation of an employee’s disability under the ADA or state discrimination laws. However, courts typically rule that an employer is not required to grant leave for an indefinite period of time, reasoning that this would either eliminate an essential job function or would cause an undue hardship.
• Religious Activities – The refusal to grant time off for an employee to observe his or her religion or attend a religious ceremony could be viewed as religious discrimination under federal and state law.

In addition to laws requiring that employers grant leave for certain activities, some states have “day of rest” laws requiring that employers give employees a certain amount of time off during each work week. Some of these laws apply only to certain industries. Employers that want additional information on their state leave laws should contact the state’s labor agency.