The Massachusetts Department of Family and Medical Leave’s (DFML) proposed amendments to existing regulations for the Massachusetts Paid Family and Medical Leave Act (PFMLA) include significant changes relating to the private or self-funded plan exemption.
Puerto Rico Senate Passes Reasonable Accommodation Bill for Certain Workers during COVID-19 Pandemic
The Puerto Rico Senate has approved unanimously Senate Bill No. 1577 (SB 1577), which seeks to amend Section 9 of Puerto Rico Act No. 44 of July 2, 1985, known as the “Law Prohibiting Discrimination Against Disabled Persons,” to expand its protection and confer certain type of employees the right to a reasonable accommodation in the workplace during the COVID-19 pandemic.
Class Action Suit Claims ADA Requires Public Accommodation to Prevent Spread of COVID-19 at Facility
Despite significant legal obstacles, on May 4, 2020, a group of plaintiffs filed a class action complaint alleging the Queens Adult Care Center (QACC) violated Title III of the Americans with Disabilities Act (Title III) and its precursor, Section 504 of Rehabilitation Act (Section 504), by failing to provide a level of care to safeguard their health and safety at its assisted living facility during the COVID-19 pandemic.
New York State Enacts State-Wide Paid Sick Leave Law
New York State has joined the growing list of states and localities (including New York City and Westchester County) mandating that employers provide paid sick leave to employees.
Expanded Wage Replacement Entitlements for California Employees
As schools and childcare facilities announce they will remain closed through the summer months, the California legislature is considering an amendment to the state’s Paid Family Leave program to allow employees to obtain income replacement under the unemployment insurance code for COVID-caused school closures.
EEOC Opines on COVID-19 Testing by Employers
The EEOC’s most recent update provides an answer to the following question: “May an employer administer a COVID-19 test (a test to detect the presence of the COVID-19 virus) before permitting employees to enter the workplace?”
Navigating Employer Obligations to Provide Employees with Masks, Face Coverings
As the CDC continues to study COVID-19, the agency is regularly updating guidance on precautionary measures to further prevent the spread across the United States. The agency has expanded its recommended precautions to include “wearing cloth face coverings in public settings where social distancing measures are difficult to maintain”.
San Jose Issues Guidance and Opinion Letter Regarding Supplemental COVID-19 Paid Sick Leave Ordinance
Soon after San Jose passed its supplemental paid sick leave ordinance to respond to the COVID-19 crisis, it issued further guidance regarding the leave.
Pregnancy Accommodation Case Turns on Similar Ability to Do the Job, Not “Similarly Situated” Test
In Durham v. Rural/Metro. Corp., the Eleventh Circuit held that a pregnant employee, who was denied light duty after being placed on lifting restrictions, satisfied the fourth prong of the prima facie case by establishing that her employer had accommodated others who could not lift due to on-the-job injuries.
Puerto Rico Enacts Five-Day Paid Emergency Leave for Pandemic Illness
Puerto Rico’s Law 37-2020 provides certain employees up to five days of paid leave once they exhaust other paid leave.
Massachusetts Department of Paid Family Leave Releases New Guidance
The current circumstances surrounding the COVID-19 crisis have brought paid family and medical leave to the forefront of the national consciousness. While the federal government and other states have created new, immediately effective, paid family and medical leave laws, Massachusetts has remained committed to the existing timeframe for the Paid Family and Medical Leave Act (PFMLA), which will be effective Jan. 1, 2021.
EEOC Answers Key Questions for Employers
The EEOC yesterday for the first time advised that, at least under the Americans with Disabilities Act, employers may disclose the employee’s name to the public health agency.
Seattle Bans Employers from Requiring Medical Verification for Paid Sick Leave for 60 Days
Under Seattle’s Paid Sick and Safe Time (PSST) law, an employer normally may require verification (including a doctor’s note) for the use of PSST after three consecutive workdays in which the employee uses paid sick/safe leave.
Washington Amends its Paid Family and Medical Leave Act
On Mar. 26, 2020, Governor Jay Inslee signed into law amendments to the Washington Paid Family and Medical Leave Act.
Judge’s Decision Halts Dallas from Enforcing Paid Sick Leave Ordinance
Texas employers no longer must provide paid sick leave to their employees in Dallas following the decision of U.S. District Court Judge Sean D. Jordan.
The Los Angeles City Council Passes Supplemental COVID-19 Paid Sick Leave for Large Employers
On Mar. 27, 2020, the Los Angeles City Council passed an ordinance mandating employers with 500 or more employees nationally offer Supplemental Paid Sick Leave for various COVID-19 related reasons. The ordinance is awaiting Mayor Eric Garcetti’s review and anticipated approval.
DOL Provides Details About Small Employer Exception Under FFCRA
The Department of Labor has been issuing FAQs to try to explain the provisions regarding small employer exceptions of the Families First Coronavirus Response Act before it goes into effect on Apr. 1, 2020.
DOL’s Latest FAQs Expand “Health Care Providers” and Define “Emergency Responders” Under FFCRA
The DOL’s latest FAQ’s allow employers of healthcare providers and emergency responders to exclude these employees from the leave provisions under both the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act.
DOL States That Employees on Furlough or Layoff Are Not Eligible for FFCRA Paid Sick Leave or Expanded FMLA
The Department of Labor issued additional FAQs addressing how the paid sick leave and expanded FMLA leave under the Families First Coronavirus Response Act (FFCRA) will apply starting Apr. 1, 2020.
EEOC Releases Recorded Webinar Addressing Important Questions
The EEOC published a webinar to address common employer questions regarding the COVID-19 outbreak, including: taking employees temperatures, appropriate and inappropriate disclosure of information related to an employee’s COVID-19 diagnosis, and managing employee accommodation requests including requests from employees in the high risk categories identified by the CDC.