The Massachusetts Department of Family and Medical Leave’s (DFML) proposed amendments to existing regulations for the Massachusetts Paid Family and Medical Leave Act (PFMLA) include significant changes relating to the private or self-funded plan exemption.
As an employer, suspected abuse of the Family and Medical Leave Act (FMLA) can present many challenges. Leave abuse can increase an employer’s costs and deplete resources, while also greatly … Read More
The Puerto Rico Senate has approved unanimously Senate Bill No. 1577 (SB 1577), which seeks to amend Section 9 of Puerto Rico Act No. 44 of July 2, 1985, known as the “Law Prohibiting Discrimination Against Disabled Persons,” to expand its protection and confer certain type of employees the right to a reasonable accommodation in the workplace during the COVID-19 pandemic.
From Apr. 6 through Apr. 10, 2020, DMEC gathered feedback through an online survey on how organizations are responding to the COVID-19 outbreak. The survey had 608 participants, with the … Read More
Despite significant legal obstacles, on May 4, 2020, a group of plaintiffs filed a class action complaint alleging the Queens Adult Care Center (QACC) violated Title III of the Americans with Disabilities Act (Title III) and its precursor, Section 504 of Rehabilitation Act (Section 504), by failing to provide a level of care to safeguard their health and safety at its assisted living facility during the COVID-19 pandemic.
New York State has joined the growing list of states and localities (including New York City and Westchester County) mandating that employers provide paid sick leave to employees.
Managing absence and disability is more challenging than ever in the midst of a global pandemic. The rules of the Family and Medical Leave Act (FMLA) and the Americans with … Read More
As schools and childcare facilities announce they will remain closed through the summer months, the California legislature is considering an amendment to the state’s Paid Family Leave program to allow employees to obtain income replacement under the unemployment insurance code for COVID-caused school closures.
Medical certifications provide a roadmap for managing Family and Medical Leave Act (FMLA) use. They are also an essential tool for limiting FMLA fraud and abuse. In this webinar, we … Read More
The EEOC’s most recent update provides an answer to the following question: “May an employer administer a COVID-19 test (a test to detect the presence of the COVID-19 virus) before permitting employees to enter the workplace?”
As the CDC continues to study COVID-19, the agency is regularly updating guidance on precautionary measures to further prevent the spread across the United States. The agency has expanded its recommended precautions to include “wearing cloth face coverings in public settings where social distancing measures are difficult to maintain”.
Soon after San Jose passed its supplemental paid sick leave ordinance to respond to the COVID-19 crisis, it issued further guidance regarding the leave.
In Durham v. Rural/Metro. Corp., the Eleventh Circuit held that a pregnant employee, who was denied light duty after being placed on lifting restrictions, satisfied the fourth prong of the prima facie case by establishing that her employer had accommodated others who could not lift due to on-the-job injuries.
Defensible documentation requires a great deal of intricacy, especially when it comes to ADA or FMLA compliance, but how do you know if you’re capturing enough detail? When is too much documentation … Read More
Puerto Rico’s Law 37-2020 provides certain employees up to five days of paid leave once they exhaust other paid leave.
The Family and Medical Leave Act (FMLA) has continuously evolved since its inception in 1993, but how did we get here, and where are we going in 2020 and beyond? … Read More
The current circumstances surrounding the COVID-19 crisis have brought paid family and medical leave to the forefront of the national consciousness. While the federal government and other states have created new, immediately effective, paid family and medical leave laws, Massachusetts has remained committed to the existing timeframe for the Paid Family and Medical Leave Act (PFMLA), which will be effective Jan. 1, 2021.
The EEOC yesterday for the first time advised that, at least under the Americans with Disabilities Act, employers may disclose the employee’s name to the public health agency.
Many companies are managing ADA in-house, and may have questions about how program components or responsibilities can be outsourced. Today, employers have a range of outsourcing options that will keep … Read More
Under Seattle’s Paid Sick and Safe Time (PSST) law, an employer normally may require verification (including a doctor’s note) for the use of PSST after three consecutive workdays in which the employee uses paid sick/safe leave.