An employee seeking the protection of FMLA leave must give adequate and timely notice of the need for leave.
Federal Court of Appeals Will Decide Whether or Not Morbid Obesity Is an Impairment
We know that the ADA Amendments Act of 2008 (ADAAA) substantially altered the landscape for review of claims asserting a disability. But, are employees still required to show some sort of disorder or impairment to state a claim?
Appellate Courts Agree: Regular Attendance Is Essential Function of Most Jobs
Recent decisions from the 2nd, 5th, and 8th Circuit Courts of Appeals exemplify the growing consensus among courts that even employees with a disability are generally required to comply with company attendance policies.
January 2019: New State & Local Posting Requirements
Review the new state and local posting requirements for Alaska, Arizona, Arkansas, California, Delaware, Maine, Massachusetts, Missouri, Rhode Island, and Washington.
California State Disability Insurance Increases
It’s a new year, and California SDI benefits will be increasing. The SDI withholding rate continues to be 1.0% of wages. But, the taxable wage limit will increase from $114,967 to $118,371.
EEOC Revises Wellness Plan Regulations
On Dec. 20, the EEOC revised wellness plan regulations by removing the section that permitted incentives. In doing so, the EEOC left employers back in the quandary they were in before. Neither the law, nor the remaining regulations, expressly prohibit (or permit) incentives.
Michigan’s Amended Paid Medical Leave Law
The Michigan Paid Medical Leave Act requires employers in Michigan to provide their employees with accrued paid medical leave to use for their own or their family members’ medical needs and for purposes related to domestic violence and sexual assault. The new law will become effective in March 2019.
Michigan Governor Signs Sick Leave Amendment
On Dec. 13, Michigan GOP Governor Rick Snyder signed into law the bill amending the recently enacted Paid Sick Leave (PSL) law, putting the finishing touch on a two-step political strategy to have the legislature craft a PSL bill rather than have voters consider a bill crafted by PSL advocates.
December 2018: New State & Local Posting Requirements
Review the new state and local posting requirements for Alaska, California, Massachusetts, Minnesota, and Nevada.
Austin Sick Time Ordinance Preempted
The Austin Earned Sick Time Ordinance is unconstitutional because it is preempted by the Texas Minimum Wage Act (TMWA), the Texas Court of Appeals, Third District, ruled on Friday.
Tenth Circuit Rules No Adverse Employment Action and No Failure-to-Accommodate Claim
The Americans with Disabilities Act (ADA) includes within its definition of “discriminate,” an employer’s failure to provide a reasonable accommodation to a qualified individual with a disability. But, is a failure to accommodate standing alone — absent an adverse employment action — enough to establish an ADA failure-to-accommodate claim?
California Expands Upon Lactation Accommodation Requirements
California Governor Jerry Brown signed into law Assembly Bill 1976, expanding California employer obligations respective to employee lactation accommodation.
November 2018: New State & Local Posting Requirements
Review the new state and local posting requirements for California, Delaware, Florida, New Mexico, New Jersey, Ohio, South Dakota, Vermont, and Virginia.
Expanded Paid Leave Benefits Coming to California Employees
Currently California employees who wish to receive pay during leave for a qualifying exigency would need to use their own accrued vacation or paid time off hours. However, beginning Jan. 1, 2021, an employee can apply for wage replacement benefits from the State of California Paid Family Leave insurance program during such a leave.
A Dozen Paid Sick Leave Laws Disappear
The Garden State passed the New Jersey Earned Sick Leave Law last May; it went into effect on Oct. 28, 2018. A provision of that law nullifies the thirteen municipal PSL laws that had been passed in the state, for a net reduction of twelve PSL laws.
Paid Sick Leave on its Way to Albany County
Albany County (NY) will likely become the fourth county in the nation to adopt a paid sick leave law. The only question is when it will be adopted. The Law Committee of the County Legislature held a public hearing earlier this week on an amended proposed Albany County Paid Sick Leave Act.
FMLA Leave for Chronic Health Conditions
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.
Another Court Decides That Extended Leave is Not Reasonable
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.
Westchester County Enacts Sick Leave Law
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.
Department of Labor Issues Updated FMLA Forms
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.