Arizona Healthy Working Families Act
Arizona Healthy Working Families Act
Arizona Family Leave Act
The purpose of the Arizona Family Leave Act (AFLA) is to allow employees leave from work for certain medical reasons, for birth or placement of a child, and for the care of certain family members (including registered domestic partners) who have a serious health condition.
All employers who employ 50 or more employees for at least 20 workweeks annually within 75 miles of the employee’s worksite must provide FLA leave to their employees (“qualified employer”). The workweeks can be in the current or preceding calendar year. Leave provided by employers under AFLA is not required to be paid.
AFLA provides up to twelve weeks of protected leave in a 12-month period for eligible employees. Eligibility requires that the employee work for at least one year with their employer and must have worked 1,250 hours (part-time) in the year preceding the requested leave.
AFLA is extended to Arizona working families in the following three circumstances:
1) Pregnancy, Foster Care, and Adoption. In the case of a pregnancy, when a woman works for an qualified employer, she will qualify for 12 weeks of AFLA in addition to the pregnancy disability leave ordered by her health care provider. AFLA does not run during pregnancy disability leave. Instead, the 12 weeks of AFLA will begin to run when the woman’s doctor releases her to work following the birth of her child, usually six to eight weeks after the date of birth. Fathers are entitled to Paternity Leave under AFLA. If spouses who are entitled to leave under AFLA are employed by the same employer, the aggregate number of workweeks of leave to which both spouses are entitled may be limited to twelve workweeks during any twelve-month period. The same rule applies in the case of an adoption or foster care placement.
2) Serious Illness in the Family. In a case when an employee qualifies for FMLA (50 employees within 75 miles, one year or more tenure, and having worked 1,250 hours in the past 12 months) and the employee needs leave to care for a registered domestic partner with a serious health condition, the employee can use up to 12 weeks of AFLA for this purpose. Only the AFLA will run, and the employee will still have 12 weeks of FMLA available for FMLA-qualifying purposes.
3) Military Service or Qualified Leave. If a qualifying employee exhausts all or part of their FMLA entitlement because of qualifying exigency leave, the employee may still have access to all 12 weeks of state AFLA. Certain military exigencies are not covered under the AFLA and certain covered servicemembers do not meet the definition of family member under the AFLA. In such cases, the AFLA will not run when the FMLA is running for those purposes.
Arizona Fair Workweek Act
On average, Arizonans work either too few hours or far too many. Ever-changing schedules force employees to be available 24/7 without a guaranteed steady income, wreaking havoc on their family life and economic security.
A national survey of early career adults has confirmed what millions of workers already knew: workers across the labor market – but particularly workers in part-time, hourly-waged jobs – are at high risk of unpredictable, last-minute, fluctuating work hours over which they have no control.*
The purpose of the Arizona Fair Workweek Act is to establish a predictable, flexible, and reliable workweek that Arizonans can count on, with enough hours for families to make ends meet.
- Requires large employers in specified industries (hospitality & retail) to provide new employee with estimated work schedule and to provide current employee with two weeks’ notice of employee work schedule.
- Requires employer to pay employee equivalent of at least four hours of work if employee is scheduled or called in to work but, due to employer, does not work entire shift.
- Prohibits employer from retaliating against employee who requests preferred work schedule.
- Requires large employers in specified industries to engage in interactive process toward resolution of schedule conflicts and to grant preferred schedule request to employee unless employer has bona fide business reason not to do so.
- Prohibits large employers in specified industries from scheduling work shifts that do not allow sufficient break time in between shifts unless employee earns 1.5 times scheduled rate of pay.
- Requires large employers in specified industries to pay penalty wage if employer changes scheduled shift with less than two weeks’ notice.
- Requires large employers in specified industries to consider internal applicant before hiring outside applicant.
- Requires all employers to maintain records relating to compliance for three years.
- Makes unlawful employment practice for all employers to interfere with employee rights or retaliate against employee for exercising rights granted to employee under Act.
- Allows for administrative or civil cause of action and escalating statutory penalties for each violation.
*Susan J. Lambert, Peter J. Fugiel, and Julia R. Henly, Schedule Unpredictability among Early Career Adults in the U.S. Labor Market: A National Snapshot, a research brief issued by EINet (Employment Instability, Family Well-being, and Social Policy Network) at the University of Chicago: http://ssascholars.uchicago.edu/einet.
Prepared for LUCHA by Creosote Partners and the Center for Popular Democracy