Paid Family Leave Benefit for Civilian Federal Employees Paid family leave for birth, adoption, or fostering is a new benefit for 2.1 million federal civilian employees, available for these family … Read More
Paid Sick Leave Quarterly: 4th Quarter 2019
The end of 2019 brought more nuances, but also resolutions to paid sick leave (PSL) state and local laws. For instance, challenges to the Michigan PSL law and Alabama preemption law were resolved, but the PSL turbulence in Texas continues as we await a decision from the Texas Supreme Court on whether it will wade into the PSL controversy.
Request for Opinion on Michigan Paid Sick Leave Law Rejected
On Dec. 18, 2019, the Michigan Supreme Court said no, it would not issue an advisory opinion on the legality of the recently enacted state PSL law.
Challenge to Alabama Preemption Law Rejected
On Dec. 13, 2019, the 11th Circuit Court of Appeals, in an en banc decision, rejected the challenge to Alabama’s minimum wage and employment benefits preemption law.
San Antonio Sick and Safe Leave Law Enjoined
On Nov. 22, 2019, a Bexar County judge temporarily enjoined implementation of San Antonio’s Paid Sick and Safe Leave Ordinance to become effective on Dec. 1, 2019.
Westchester Safe Time Leave Has Arrived
The Westchester County Safe Time Leave Law took effect on Oct. 30, 2019, and starting on Jan. 28, 2020, employers must begin providing eligible new hires with a copy of the law and written notice, which is intended to explain how the law applies to them.
Paid Sick Leave Quarterly: 3rd Quarter 2019
The paid sick leave (PSL) turbulence in Texas garnered most of the PSL headlines in the third quarter. How that turbulence ends will determine the fate of PSL ordinances in Austin, Dallas, and San Antonio.
6th Circuit Rules Regular, On-Site Attendance Is Essential Function
The 6th Circuit held “regular, in-person attendance constitutes an essential function of most jobs,” but an employer must tie time-and-presence requirements to some other job requirement in order to prove that in-person attendance is indeed an essential job function.
Massachusetts Begins Withholdings to Fund Paid Family and Medical Leave
After an initial delay, payroll and wage withholdings to fund the Massachusetts paid family and medical leave program began Oct. 1, 2019, which will establish a fund that will allow employees in the Commonwealth to begin taking paid leave in 2021 for their own serious health condition or to care for a family member with a serious health condition.
Can You Be Regarded as Disabled Based on a Potential Future Disability?
Can you be regarded as disabled based on a potential future disability? In a case just decided by the 11th Circuit Court of Appeals, EEOC v. STME, LLC, the Equal Employment Opportunity Commission (EEOC) espoused precisely this position.
7th Circuit Rules Employee’s Telework Accommodation Unreasonable
The 7th Circuit ruled the Department of Housing and Urban Development (HUD) did not fail to accommodate a disabled lawyer by rejecting her request to work from home.
DOL States that Employers May Not Delay Designating FMLA Leave
On Sept. 10, 2019, the Department of Labor issued an FMLA opinion letter stating that an employer may not delay designating paid leave as FMLA leave if the delay complies with a collective bargaining agreement (CBA) and the employee prefers that the designation be delayed.
9th Circuit Dodges the Question of Whether Morbid Obesity Is an “Impairment” Under the ADA
On Aug. 20, 2019, the 9th Circuit dodged answering the question of whether or not morbid obesity is considered a disability under the Americans with Disabilities Act.
Bernalillo County, NM Passes “Any Reason” Leave Law
Bernalillo County Commissioners in New Mexico approved an “any reason” leave law by a narrow margin on Aug. 20, 2019.
DOL Opines That Parent’s Attendance at Individualized Education Program Conference Warrants FMLA Leave
In an Aug. 8, 2019 opinion letter, the U.S. Department of Labor’s Wage and Hour Division (WHD) shed some light on what counts as “caring for” a family member under the FMLA.
Oregon Governor Signs Paid Family and Medical Leave Law
Oregon’s paid family and medical leave law was signed by Governor Kate Brown on Aug. 9, 2019.
San Francisco Employers May Have to Pay More in Paid Parental Leave Benefits in 2020
Currently, employers who have 20 or more employees (located anywhere) are required to provide eligible San Francisco employees with up to 6 weeks of supplemental compensation when an employee takes time off to bond with a new child. Effective July 1, 2020, this requirement will increase to 8 weeks of supplemental compensation.
Pittsburgh Sick Leave Law Upheld
The Supreme Court of Pennsylvania held recently that the City of Pittsburgh had authority to enact the Paid Sick Days Act.
Employer’s Additional Notice Requirement for Requesting FMLA Leave Dooms Dismissal Attempt
While the FMLA regulations clearly authorize employers to adopt “usual and customary notice and procedural rules for requesting leave, absent unusual circumstances,” this case suggests employers should closely review any such rules to determine whether they place impermissible additional burdens on employees seeking FMLA leave.
6th Circuit Faults “No-Fault” Attendance Policy with Broad FMLA Benefits Interpretation
Employers must carefully navigate Family and Medical Leave Act (FMLA) pitfalls when administering attendance policies.