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.
October 2018: New State & Local Posting Requirements
Review the new state and local posting requirements for Alaska, Arizona, and Illinois.
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.
FMLA Eligibility and Remote Workers
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.
Michigan Lawmakers Adopt Paid Sick Leave Initiative
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.
September 2018: New State & Local Posting Requirements
Review the new state and local posting requirements for Louisiana, New York City, San Fransisco, Tennessee, and Texas.
Railroad Insurance Act Preempts Massachusetts Paid Sick Leave Law
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.
More Paid Sick Leave Turbulence in Texas
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.
August 2018: New State & Local Posting Requirements
Review the new state and local posting requirements for California, Louisiana, Maryland, New York City, South Carolina, and Vermont.
July 2018: New State & Local Posting Requirements
Review the new state and local posting requirements for California and Illinois.
Paid Sick Leave Turbulence in Texas
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.
June 2018: New State & Local Posting Requirements
Review the new state and local posting requirements for California, Georgia, Kentucky, and Nevada.
Duluth Passes Paid Sick Leave Ordinance
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.
Court Confirms Minneapolis Sick Leave Ordinance Not Enforceable
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.
May 2018: New State & Local Posting Requirements
Review the new state and local posting requirements for Delaware, Hawaii, Kansas, Nevada, New Jersey, Oregon, Pennsylvania, and Wyoming.
New Jersey Adds Paid Sick Leave, Cancels Thirteen Municipal PSL Ordinances
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.
IRS Issues Guidance FAQs Regarding the Paid Family Leave Federal Tax Credit
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.
Preparing for Washington Paid Family and Medical Leave
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.