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.
Washington Weighs in on Obesity Discrimination
The state of Washington has weighed in on the debate as to whether obesity is a disability under disability discrimination laws.
Employer’s Good Deed Goes Unpunished — Reliable Attendance Is Essential Function Despite Prior Accommodation of Employee’s Absences
In an 8th Circuit case, the court affirmed that regular, reliable attendance is an essential function of a job.
California Extends Paid Family Leave from Six to Eight Weeks
Beginning on Jul. 1, 2020, California will extend the maximum duration of Paid Family Leave (PFL) benefits from six weeks to eight weeks.
Paid Sick Leave Laws Updates in Texas
In Texas, there continues to be controversy and debate around paid sick leave laws in San Antonio, Dallas, and Austin.
Washington Pushes Back First Reporting Deadline for Paid Family and Medical Leave Law
By Aug. 31, 2019, all Washington employers must file reports about their employees, including their wages and associated hours worked during the first two quarters of 2019.
Paid Sick Days Back on Track in Pittsburgh
The Pennsylvania Supreme Court upheld the Pittsburgh Paid Sick Days Act (PSDA) in a decision today, overturning two lower court decisions that found the Act was invalid as an impermissible business regulation.
Oregon Joins Growing Number of States Requiring Paid Family and Medical Leave
The Oregon Senate voted to pass HB 2005 — which will provide paid family and medical leave to eligible employees beginning Jan. 1, 2023.
Maine Enacts Law Extending Protections to Pregnant and Nursing Employees
On Jun. 27, 2019, Maine Governor Janet Mills signed into law L.D. 666, which extends existing protections for pregnant and nursing employees in Maine.