The State Family Leave Act permits an employee to take leaves of absence without pay in connection with the birth or adoption of a child or a serious illness of a child, spouse, parent or parent of a spouse for up to 12 weeks in a 24 month period. Such leave may be taken on a reduced or intermittent schedule. To qualify, the employee must be employed for at least 12 months or more, and must have worked not less than 1,000 hours excluding overtime during the last 12 month period.
Family leave is separate from, and in addition to, any disability leave.
The employee's health insurance would continue during this time period. An employee would only be responsible for the payment of any premiums required of a plan. Moreover, rights under the FMLA are not diminished by State Law. Under the FMLA an employee may take a leave of absence for birth or placement of a child for adoption or foster care. In such cases the leave must be taken within one year of the birth or placement.