FMLA Leave for Chronic Health Conditions

DMEC StaffLegislative Updates

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

DMEC StaffLegislative Updates

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

DMEC StaffLegislative Updates

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.

FMLA Eligibility and Remote Workers

DMEC StaffLegislative Updates

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.

More Paid Sick Leave Turbulence in Texas

DMEC StaffLegislative Updates

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.

Paid Sick Leave Turbulence in Texas

DMEC StaffLegislative Updates

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.

Duluth Passes Paid Sick Leave Ordinance

DMEC StaffLegislative Updates

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.

Preparing for Washington Paid Family and Medical Leave

DMEC StaffLegislative Updates

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.