When an employee takes medical leave, treatment by a healthcare provider is often assumed, and the frequency of doctor’s visits is rarely scrutinized. The Pennsylvania federal court’s recent decision in Watkins v. Blind and Vision Rehabilitation Services of Pittsburgh alerts us that this is not always a wise approach.
In Easter v. Arkansas Children’s Hospital, an employee was unable to work after exhausting her FMLA leave but she had an appointment to be evaluated by a specialist less than a month later. The employer denied the additional leave and terminated her employment. The Court held there was no violation of the ADA.
Review the new state and local posting requirements for Alaska, Arizona, and Illinois.
On Oct. 1 Westchester County, New York enacted an Earned Sick Leave law, becoming the third county nationwide to do so. Montgomery County, Maryland, and Cook County, Illinois also have enacted paid sick leave laws. The Westchester County law is effective in 180 days.
On Sept. 4, 2018, the Department of Labor issued new FMLA notices and certification forms. The change was procedural in nature; no substantive changes were made to the forms.
With the increasing trend of telecommuting employees, it is not uncommon for a company to have small numbers of employees working from remote locations in various states. It is important that employers understand how FMLA eligibility is determined for remote workers.
On Sept. 5, Michigan lawmakers adopted the paid sick leave initiative that otherwise would have been presented to voters in November. The GOP-controlled Senate and House adopted the initiative by wide margins.
Review the new state and local posting requirements for Louisiana, New York City, San Fransisco, Tennessee, and Texas.
The Railroad Unemployment Insurance Act (RUIA) preempts the Massachusetts Earned Sick Time Law (MESTL) in its entirety as it applies to interstate rail carriers, according to a recent decision by a Massachusetts federal district court.
The Texas Legislature convenes in January 2019. It is widely anticipated that the legislature will consider a bill to prohibit political subdivisions from enacting a leave law. If enacted, such a law would likely negate both the Austin and San Antonio ordinances.
Review the new state and local posting requirements for California, Louisiana, Maryland, New York City, South Carolina, and Vermont.
Review the new state and local posting requirements for California and Illinois.
Austin passed its PSL ordinance in February, the first PSL law in the South. Last month, PSL advocates in San Antonio submitted signatures to support their effort to have voters decide in November whether to enact a PSL ordinance.
Review the new state and local posting requirements for California, Georgia, Kentucky, and Nevada.
On May 29, The Duluth (MN) City Council passed an Earned Sick and Safe Time Ordinance, requiring employers to allow employees to accrue an hour of leave for every 50 hours worked. The ordinance is effective in January 2020.
Last week, a court upheld the Minneapolis paid sick leave ordinance, but ruled that it is only enforceable against employers within the city’s limits.
Review the new state and local posting requirements for Delaware, Hawaii, Kansas, Nevada, New Jersey, Oregon, Pennsylvania, and Wyoming.
On May 2, New Jersey Governor Phil Murphy made the Garden State the tenth in the nation to enact a paid sick leave (PSL) law and also canceled 13 municipal PSL laws within the state.
This week, the Internal Revenue Service (IRS) issued FAQ guidance regarding the employer tax credit for paid family and medical leave. As a reminder, the Tax Cuts and Jobs Act of 2017 (the Act) provides a tax credit to employers that voluntarily offer paid family and/or medical leave to employees.
By the end of this year, employers with employees in the state of Washington must be ready to comply with last summer’s newly-enacted paid family and medical leave law. Since the law’s passage, Washington has been busy fine-tuning the program and providing updates.