MMLA VS. FMLA
A QUICK COMPARISON
| XXXXXXX | ||||||||||||||||||||||||||
| Number of Employees Required for Coverage | 6 or more | 50 or more | ||||||||||||||||||||||||
| Eligibility | -Completed probation of 3 months of employment - 2 weeks notice of departure date and intent to return |
1 year and 1250 hours | ||||||||||||||||||||||||
| Paid/unpaid | - Paid leave (sick or vacation) may be used - May not be required |
-May require employee to exhaust paid leave | ||||||||||||||||||||||||
| Job restoration after leave | Previous or similar status, pay, length of service credit, and seniority | Same | ||||||||||||||||||||||||
| Additional Leave | If employee is disabled after end of MMLA leave, may need FMLA leave as reasonable accommodation. | If FMLA has been exhausted, employee is still entitled to MMLA leave. | ||||||||||||||||||||||||
| Amount of leave | - 8 weeks for purpose of giving birth or adopting - Multiple leaves are okay |
Limited: 12 weeks within 12 month period | ||||||||||||||||||||||||
| Overlap | MMLA leave can count simultaneously as FMLA leave | If FMLA leave taken for another purpose, employee is still entitled to MMLA leave. | ||||||||||||||||||||||||
| Notice | No requirement that employer specifically employer designate the leave as MMLA | Designation of leave as FMLA required to count towards employee's allotted leave |