CIRCULAR - NMMS Exam Date Change Notification
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Paid family and medical leave insurance provides workers with paid time off if they become incapacitated due to illness or injury, need to care for an ill or injured family member, or have recently given birth to or adopted a child.Family and medical leave insurance is sometimes offered voluntarily by employers and provided by private insurance companies, but can also be mandated by government bodies and managed as a public program.While New Hampshire does not currently have a statewide paid family and medical leave program, there is a federal Family and Medical Leave Act. That law requires companies with over 50 employees to offer up to twelve weeks of unpaid family or medical leave. Employers must give employees back their jobs when they return to work.
Instead of taking the 12 weeks of leave all at once, employees may take intermittent FMLA leave when it is medically necessary. For example, an individual might work fewer hours per week in order to receive scheduled treatments. When leave is needed for medical treatments, employees are expected to make a reasonable effort to coordinate their schedule with their employer. An employee may also take intermittent leave in larger blocks of time depending on the circumstance.In some cases, it may be possible to take FMLA leave to enter drug rehab, but there are plenty of exceptions. For example, if the employee fails to give the employer advanced notice, or if an employer has a clear policy forbidding drug use. The Department of Labor also makes clear that FMLA leave can only be taken for substance abuse treatment provided by a health care provider or an entity referred by a health care provider. You can’t take FMLA leave simply because you are addicted to drugs.
However, moves to change that policy have taken place in recent years. In 2018, a bill that would have created a family and medical leave program passed the New Hampshire House but died in the Senate. The bill would have required employers to participate or offer equivalent family and medical leave coverage through private insurance. Employees would contribute 0.67% of their pay in exchange for six weeks of paid leave. In 2019, Governor Sununu vetoed SB 1, a family and medical leave plan that would have offered 12 weeks of leave paid at up to 60% of wages, funded with a 0.5% payroll tax. There was no provision to opt-out.Sununu had lobbied for his own alternative plan run by a private insurer. Employees would choose whether or not to opt-into the program. The Legislature nixed this idea.
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