Ensure Your Programs Are Compliant
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Why Disability Income Protection Should Be Part of Your Financial Wellness Toolkit: A Study from PrudentialJune 21, 2019Americans across the socioeconomic spectrum face numerous barriers to financial wellness, affecting everything from the quality of their child care to planning for retirement. Prepared or not, most Americans are ... Read More
Absence and Disability Readiness Index: A Study from The StandardJune 11, 2019In a recent study, The Standard asked HR business decision makers to rate their organizations’ absence and disability practices, and their confidence in managing absence and disability programs. Scores were ... Read More
2019 DMEC Mental Health Pulse Survey ResultsMay 30, 2019Mental health issues in the workforce continue to challenge many employers. Companies are reviewing offerings to support employees in need, but often still struggle to understand and effectively address this ... Read More
2018 DMEC Employer Leave Management Survey White PaperMarch 12, 2019For eight years the Disability Management Employer Coalition (DMEC) and Spring Consulting Group (Spring) have partnered to conduct annual research on employer leave management. Our national survey tracks employer methods ... Read More
2018 DMEC Employer Leave Management Survey Executive SummaryMarch 12, 2019For eight years, DMEC and Spring Consulting Group have partnered to conduct annual research on employer leave management. With information from over 820 employers, the national survey tracks employer methods ... Read More
Achieve Savings by Maximizing Your SSDI Offset Provisions: A White Paper from GenexFebruary 5, 2019Many employers utilize self-insured programs to offer long-term disability (LTD) coverage to employees. With the potential financial risk of taking on self-insured programs, it’s important that employers are aware of ... Read More
2018 Hospital System Best Practices White PaperJanuary 30, 2019Full content is available to DMEC members only. Please log in to view the complete resource. If you are not a DMEC member, we encourage you to join. DMEC members ... Read More
2018 DMEC Business Impact of Paid Leave Pulse Survey ResultsDecember 18, 2018In the last few years, our country has seen a constantly shifting landscape of paid family and paid parental leave laws cropping up across many states and municipalities. Additionally, employers ... Read More
The Importance of Medical Evaluations & Clinical Reviews in Disability Insurance: A White Paper from GenexNovember 12, 2018Today, a primary concern of executives at disability insurance carriers is compliance with updates to the Employee Retirement Income Security Act (ERISA), which went into effect April 1, 2018. The ... Read More
Managing Optimal Work Performance Through Behavioral Health Conditions White PaperOctober 23, 2018Millions of Americans struggle with mental health and substance use (alcohol or drug) conditions. The umbrella term for all these issues is behavioral health conditions. When an employee begins struggling ... Read More
2018 DMEC Benchmarking Pulse Survey ResultsJuly 26, 2018DMEC is regularly asked by our members to provide benchmarking information. In our continued efforts to serve our membership with meaningful industry information, we conducted this pulse survey, in partnership ... Read More
Emerging Business Trends in Paid Family Medical Leave: A Report from PanoramaMarch 6, 2018Competitive pressure, millennial workforce expectations, and the outsized influence of the technology industry are among factors impacting voluntary adoption of paid family and medical leave programs by large employers in ... Read More
The History & Evolution of the FMLA: An Article from CignaMarch 2, 2018Prior to the FMLA’s passage in 1993, there was no federal law that provided job security while an individual was absent from work for an extended period of time. Because ... Read More
2017 DMEC Employer Leave Management Survey White PaperFebruary 26, 2018For seven years, DMEC and Spring Consulting Group have partnered to conduct annual research on employer leave management. Our national survey tracks employer methods for administering both regulatory and non-regulatory ... Read More
2017 DMEC Employer Leave Management Survey Executive SummaryFebruary 26, 2018For seven years, DMEC and Spring Consulting Group have partnered to conduct annual research on employer leave management. With information from over 1,203 employers, the national survey tracks employer methods ... Read More
Q&A with Bryon Bass: An Article from SedgwickJanuary 3, 2018The Americans with Disabilities Act (ADA) and return to work (RTW) continue to be hot topics in the industry. In this article from Sedgwick, Bryon Bass, SVP, Disability and Absence Practice ... Read More
Disabilities in the 21st Century: An Article from CignaNovember 8, 2017It’s 2017, and technology has become a part of our everyday lives. We’re plugged in at work, at home, and on the go. These advances have made out lives easier, ... Read More
Medical Costs Along the Disability Continuum: A White Paper from ReedGroupJuly 20, 2017While returning to work sooner promotes better health, it has been shown that a large percentage of disability-related lost workdays are not actually medically necessary. Prolonged disability not only interferes with ... Read More
2018 Paid Sick Leave Laws & ResourcesMay 19, 2017The Paid Sick Leave @Work site offers a comprehensive resource guide to the various regulations and requirements per jurisdiction. Many of the paid sick leave ordinances also include workplace posting ... Read More
Healthcare & Employee Productivity: A White Paper from AetnaMay 18, 2017Changing the Healthcare Conversation Health insurance is how a company protects its greatest asset — its employees. Statistically, healthy employees miss less time from work for sick days and disability, ... Read More
A Foundational Approach to Return to Function: A White Paper from IAIABCApril 17, 2017Return to Work: A Foundational Approach to Return to Function Tremendous strain is being placed on economics and healthcare systems around the globe by life-altering, preventable workplace injuries and long-term ... Read More
The 2017 Guardian Absence Management Activity Index and StudyApril 15, 2017Employers are making absence management a higher priority, but advances can still be made. In Guardian’s 2017 study, they take a look at trends in employee leave practices and outcomes, ... Read More
2016 DMEC Behavioral Health Survey White PaperMarch 27, 2017The DMEC Behavioral Health Survey, conducted biennially, tracks employer strategies, advancements, prevalence, and effectiveness in the area of behavioral risk management. The findings presented in the 2016 DMEC Behavioral Health ... Read More
2016 DMEC Behavioral Health Survey Executive SummaryMarch 27, 2017Mental health conditions continue to be among the leading causes of workplace absence and are associated with high cost for treatments and lost wages. Mental health issues are often not ... Read More
2016 DMEC Employer Leave Management Survey White PaperMarch 2, 2017This sixth annual white paper provides a summary and an analysis of the results of the 2016 Employer Leave Management Survey, jointly sponsored by DMEC and Spring Consulting Group. With ... Read More
2016 DMEC Employer Leave Management Survey Executive SummaryMarch 2, 2017The landscape of employer leaves continues to undergo change and become increasingly complex. Fortunately, our 2016 DMEC Employer Leave Management Survey findings signal that employers are up to the challenge ... Read More
Mental Health in the Workplace: Executive SummaryDecember 21, 2016The statistics and research findings are compelling: Approximately 1 in 5 people is dealing with a mental health situation on a daily basis, and studies show that people with depression ... Read More
Paid Parental Leave: A White Paper from Pacific ResourcesNovember 22, 2016What Employers Need to Consider In 2015, Pacific Resources published a white paper that highlighted changing employer attitudes and benefit plans related to parental leaves. Since then, many more organizations ... Read More
The Changing Face of Dying in America: A White Paper from AetnaOctober 24, 2016The Changing Face of Dying in America You’ve no doubt heard the old saying: “There are only two things in life that are certain, death and taxes.” Well, we do know ... Read More
The Route Back from Disability: A White Paper from AetnaOctober 24, 2016The Route Back from Disability Studies on predictors of return-to-work successes date back decades. Much of the research has looked at employees who return to work and those who don’t, ... Read More
Ability-Driven Absence Management: A White Paper from AetnaJune 9, 2016Moving Toward Maximum Productivity In a series of recent white papers, the current culture of disability was addressed in whether the terms “disability” and “disabled” do more harm than good. ... Read More
The RTW Hierarchy: A White Paper from ZurichJune 9, 2016A Strategy to Identify Temporary Transitional Work Opportunities In this day and age, it is common knowledge that the early return to work of injured or ill workers (in both occupational ... Read More
Opportunity Is Knocking: A MetLife StudyMay 18, 2016How Benefits Lay the Groundwork for a Thriving Workplace The 14th Annual MetLife U.S. Employee Benefit Trends Study reveals a growing opportunity for employers to help their businesses succeed by ... Read More
Vocational Rehabilitation: A White Paper from AetnaMay 3, 2016An Effective, Cost-Efficient Solution to Help Employees Get Back to Work In a recent series of white papers, Aetna has been exploring issues surrounding disability, particularly in which many people ... Read More
Meeting the Challenges of Absence and Disability Management: A White Paper from Sun Life FinancialApril 18, 2016Understanding FMLA and ADA Legal Requirements Managing employee leaves is one of the most challenging personnel issues for employers. A complex array of statutory and regulatory requirements provides employees with ... Read More
The Aging of the Baby Boomer Generation: A White Paper from AetnaMarch 28, 2016Implications for Employers and Insurers Baby boomers – the generation born between 1946 and 1964, is about 77 million strong in the U.S. By virtue of its sheer size, the ... Read More
Looking at Disability Holistically: A White Paper from AetnaMarch 16, 2016Exploring the Capacity for Work In a recent white paper, Disability and the Disabled Mindset: The Human Costs and the Opportunity, Aetna raised the question of whether the terms “disability” ... Read More
2015 DMEC Employer Leave Management Survey White PaperMarch 7, 2016This fifth annual report provides a summary and an analysis of the results of the 2015 Employer Leave Management Survey. The survey tracks employer methods, challenges, and successes in the ... Read More
Disability and the Disabled Mindset: A White Paper from AetnaFebruary 14, 2016The Human Costs and the Opportunity Being on disability can be straining physically, financially and psychologically. The term “disabled” often comes with decreased life expectancy, marginal income levels, poor general ... Read More
Insourcing, Co-Sourcing, and Outsourcing Leave and Absence Management: A White Paper from Pacific ResourcesSeptember 18, 2015When determining whether your company should insource or outsource any aspect of leave and absence management, you should first consider your specific goals. What does a successful leave program look ... Read More
The 2015 Guardian Absence Management Activity Index and StudyAugust 25, 2015Amidst a challenging benefits environment where employers are reacting to new health care reform laws, tight budgets, and heightened pressure on productivity, the importance of absence management remains strong. Employers ... Read More
Early Intervention & RTW Best Practices: A White Paper from ZurichAugust 4, 2015We have often heard that “early intervention” is a key factor in effective workplace disability management, and the principle of “early return to work” is essential to achieving successful rehabilitation ... Read More
2015 Leadership Series White Paper: Best Practices in Managing Absence in Call CentersAugust 2, 2015The 2015 DMEC Leadership Series, sponsored by Liberty Mutual for the eleventh consecutive year, explored best practices in managing absence in call centers. Human resources managers, disability managers, health and ... Read More
2014 DMEC Employer Leave Management Survey White PaperFebruary 24, 2015This fourth annual report provides a summary and an analysis of the 2014 Employer Leave Management Survey jointly sponsored by DMEC and Spring Consulting Group. The survey tracks employer methods, ... Read More
2014 DMEC Behavioral Risk Survey Results and White PaperJanuary 22, 2015This report provides a summary and an analysis of the 2014 Disability Management Employer Coalition’s biennial survey, which tracks employer strategies, advancements, prevalence, and effectiveness in the area of Behavioral ... Read More
2014 Leadership Series White Paper: Best Practices in Conducting an RFP & Selecting and Implementing a New VendorAugust 11, 2014The 2014 DMEC Leadership Series, sponsored by Liberty Mutual Insurance for the tenth consecutive year, explored best practices in conducting a Request for Proposal (RFP), and selecting and implementing a ... Read More
JAN Accommodation and Compliance Series – Employers’ Practical Guide to Reasonable Accommodation Under ADAApril 8, 2014The Employers’ Practical Guide to Reasonable Accommodation under the Americans with Disabilities Act (ADA) is a summary of some of the most frequent issues that employers have regarding accommodations and ... Read More
Integrated Disability Management: A White Paper from SedgwickFebruary 6, 2014Is Integrated Disability Management (IDM) the right strategy for your company in addressing the impact of absence? For streamlining processes and improving employee customer services? Are the core elements of ... Read More
2013 DMEC Employer Leave Management Survey White PaperJanuary 23, 2014This third annual report provides a summary and an analysis of the 2013 Employer Leave Management Survey jointly sponsored by the Disability Management Employer Coalition (DMEC) and Spring Consulting Group. ... Read More
JAN Accommodation and Compliance Series – Workplace Accommodations: Low Cost, High ImpactSeptember 1, 2013The Americans with Disabilities Act (ADA) Amendments Act and regulations from the Equal Employment Opportunity Commission refocused attention on workplace accommodations by broadening the definition of disability; more coverage means ... Read More
Impacts of the Patient Protection and Affordable Care Act on Absence and Disability Policies and BenefitsAugust 20, 2013This report summarizes the results of a 2013 study of employers and insurance providers on the impacts of the Patient Protection and Affordable Care Act (PPACA) on absence and disability ... Read More
2013 Leadership Series White Paper: How Accommodating Is Your RTW Program? Employer Best Practices in ADA AccommodationsAugust 14, 2013The 2013 Disability Management Employer Coalition (DMEC) Leadership Series, sponsored by Liberty Mutual Insurance for the ninth consecutive year, addressed industry-wide best practices in Americans with Disabilities Act (ADA) accommodations. ... Read More
Absence and Disability Management Practices for an Aging WorkforceAugust 6, 2013The aging workforce is an area of mounting concern to employers, according to a recent collaborative study conducted by the Disability Management Employer Coalition (DMEC) and Cornell University’s Employment and ... Read More
Corporate Return to Work Policies and Practices: A National StudyJune 13, 2013During late 2011 and early 2012, the Burton Blatt Institute with the support of its Employer Research Consortium conducted a national study of corporate return to work (RTW) policies and practices. ... Read More
Workers’ Compensation Deregulation Alert: A White Paper from New Street Group and SedgwickJune 6, 2013What Employers Need to Know About the New Oklahoma Law Workers’ compensation has traditionally been a mandated and statutory requirement in the United States, however, some states have recently shifted ... Read More
2012 DMEC Employer Leave Management Survey White PaperJanuary 15, 2013DMEC partnered with Spring Consulting to understand employer challenges in managing all types of leaves; Family and Medical Leave Act (FMLA), State Family and Medical Leaves, Military Leave (USERRA), State ... Read More
Workplace Warriors Revisited: Challenges, Opportunities, and Lessons from Deployment and Reintegration of Citizen SoldiersOctober 15, 2012In 2007, the Disability Management Employer Coalition (DMEC) convened its Workplace Warrior Think Tank to explore how employers can respond to the military deployment and reintegration of employees serving their ... Read More
2012 Leadership Series White Paper: Best Integration Practices of Short and Long Term Disability ClaimsJuly 26, 2012The 2012 DMEC Leadership Series, sponsored by Liberty Mutual Insurance for the eighth consecutive year, addressed industry-wide best practices in the integration of short-term disability (STD) and long-term disability (LTD) ... Read More
When Must an Employer Provide Leave as an ADA Reasonable Accommodation? A White Paper from ReedGroupMay 22, 2012To help employers and personnel managing absences for organizations, this white paper synthesizes the existing guidance from the United States Equal Employment Opportunity Commission (EEOC), and case law on leave ... Read More
2012 DMEC Behavioral Risk Survey Results and White PaperMay 11, 2012This report provides summary and analysis of the 2012 Disability Management Employer Coalition’s biennial survey which tracks employer strategies, advancements, prevalence and effectiveness in the area of Behavioral Risk Management. ... Read More
Virtual Workforce: The Changing Face of Absence and Productivity in the Technological AgeApril 24, 2012This white paper is intended to provide some practical policies and procedures that can be applied to almost any employer, allowing them to consider, support, and administer a virtual workforce ... Read More
2011 Leadership Series White Paper: Best Practices in Return to WorkAugust 23, 2011The 2011 DMEC Leadership Series, sponsored by Liberty Mutual for the seventh consecutive year, explored best practices in return to work (RTW) programs. Human resources managers, disability managers, health and ... Read More
2011 DMEC Employer Leave Management Survey White PaperJuly 2, 2011This report provides summary and analysis of the 2011 Employer Leave Management Survey jointly sponsored by the Disability Management Employer Coalition (DMEC) and Spring Consulting Group (Spring). The survey tracks ... Read More
2010 DMEC Behavioral Risk Survey Results and White PaperSeptember 14, 2010This report provides summary and analysis of the 2010 Disability Management Employer Coalition’s biannual survey which tracks employer strategies, advancements, prevalence and effectiveness in the area of Behavioral Risk Management. ... Read More
2010 Leadership Series White Paper: Best Practices in Short-Term Disability Plan DesignJuly 14, 2010The 2010 DMEC Leadership Series was sponsored by Liberty Mutual Insurance Company of Boston for the sixth year in a row. The 2010 topic was best practices in short-term disability ... Read More
2009 Leadership Series White Paper: Best Practices in Tracking and Managing Incidental AbsenceJuly 24, 2009The 2009 DMEC Leadership Series was sponsored by Liberty Mutual for the fifth year in a row. The 2009 topic was best practices in tracking and managing incidental absence. Human ... Read More
2008 Think Tank White Paper – Extreme Productivity: Are Your Employees Hitting the Wall?March 22, 2009Over the past ten years, companies supercharged their productivity, largely through technology tools that made a 40-hour workweek a thing of the past, a 60-hour workweek commonplace, and a 70-plus-hour ... Read More
2008 Leadership Series White Paper: Best Practices in Metrics and ReportingJuly 24, 2008This publication discusses absence management metrics and reporting, and the views and practices of industry leaders participating in the 2008 Leadership Series, cosponsored by Liberty Mutual and the Disability Management ... Read More
2008 DMEC Behavioral Risk Survey and White PaperJuly 2, 2008The goal of this survey was to examine employer strategies, advancement, prevalence, and effectiveness in the area of Behavioral Risk Management. This white paper represents the findings from two surveys: ... Read More
2007 Leadership Series White Paper: Best Practices for Program Integration and AdministrationJuly 2, 2007The 2007 Leadership Series brought together benefit managers, human resource managers, risk managers, and employer peers to explore the challenges and potential benefits of integrated disability management (IDM). This white ... Read More
2007 Think Tank White Paper – Workplace Warriors: The Corporate Response to Deployment and ReintegrationMarch 22, 2007The corporate response to the military deployment and reintegration of employees is nothing less than a call to action. Through its 2007 Workplace Warriors Think Tank, the Disability Management Employer ... Read More
2006 Leadership Series White Paper: Best Practices for FMLA Administration and ComplianceJuly 2, 2006The 2006 Leadership Series brought together human resource managers, benefit managers, and employer peers to discuss the administrative challenges of the Family and Medical Leave Act (FMLA), and best practices ... Read More
2005 Leadership Series White Paper: Best Practices for Managing Call Center Cost of AbsenceJuly 2, 2005The 2005 Leadership Series brought together call center experts, risk managers, and benefit managers to discuss absence cost drivers and management strategies. This white paper details six key absence and ... Read More
Massachusetts Begins Withholdings to Fund Paid Family and Medical LeaveOctober 3, 2019After 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?September 19, 2019Can 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 UnreasonableSeptember 17, 2019The 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 LeaveSeptember 13, 2019On 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 ADAAugust 30, 2019On 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 LawAugust 26, 2019Bernalillo 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 LeaveAugust 26, 2019In 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 LawAugust 26, 2019Oregon’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 2020August 26, 2019Currently, 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 UpheldAugust 12, 2019The 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 AttemptAugust 12, 2019While 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 InterpretationAugust 12, 2019Employers must carefully navigate Family and Medical Leave Act (FMLA) pitfalls when administering attendance policies.
Washington Weighs in on Obesity DiscriminationAugust 12, 2019The 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 AbsencesAugust 2, 2019In 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 WeeksJuly 26, 2019Beginning 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 TexasJuly 23, 2019In 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 LawJuly 23, 2019By 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 PittsburghJuly 19, 2019The 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 LeaveJuly 19, 2019The 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 EmployeesJuly 11, 2019On Jun. 27, 2019, Maine Governor Janet Mills signed into law L.D. 666, which extends existing protections for pregnant and nursing employees in Maine.
Paid Sick Leave Quarterly: 2nd Quarter 2019July 11, 2019The vast and complex patchwork of PSL laws expanded in the 2nd quarter of 2019. The most notable development was the addition of two laws with PSL architecture but which allow paid leave to be used for any reason, not merely for sick leave.
Intermittent Leave Limits in FMLA Medical Certification Trumps the ADA Duty to AccommodateJuly 2, 2019A Minnesota federal court decision upheld an employer’s termination for excessive absenteeism of an employee with an intermittent leave certification.
Oregon Enacts Living Donor Leave LawJune 28, 2019Earlier this month, Oregon Governor Kate Brown signed Senate Bill 796 into law, providing protected leave under the Oregon Family Leave Act (OFLA) for employees who miss work in connection with donating a body part, organ, or tissue.
Paid Sick Leave on Track in Dallas and San AntonioJune 28, 2019By Aug. 1, 2019, most employers with employees working at least 80 hours a year in Dallas or San Antonio should be prepared to comply with paid sick leave ordinances.
New Maine Law Requires Time Off From Work for Appointments at VA Medical FacilitiesJune 26, 2019For the second time this month, Maine is adjusting its leave laws. Employers in Maine will soon be required to provide veterans with time away from work to attend scheduled appointments at Department of Veterans Affairs medical facilities.
New Nevada Laws Provide Additional Benefits for EmployeesJune 19, 2019Nevada Governor Steve Sisolak signed a law requiring private employers with 50 or more employees in Nevada to provide 0.01923 hours of paid leave for each hour an employee works.
Nevada Enacts Paid “Any Reason” Leave LawJune 13, 2019While Maine may have been the first state to pass a paid “any reason” leave law, Nevada was a close second. On June 12, Nevada Governor, Steve Sisolak, signed a bill requiring private sector employers with at least 50 employees to allow employees to accrue paid leave which may be used for any reason.
June 2019: New State & Local Posting RequirementsJune 3, 2019Review the new state and local posting requirements for California, Colorado, Illinois, Kentucky, Maine, Maryland, and Washington
Paid Leave Law in Maine Signed By GovernorMay 28, 2019The Maine legislature recently passed an act authorizing earned employee leave. If Governor Mills, who has been vocal in her support of the bill, signs the bill into law, it would take effect on Jan. 1, 2021.
Westchester County Adopts Safe Time LawMay 22, 2019On May 3, 2019, Westchester County Executive George Latimer formally signed into law the County’s Safe Time Leave for Victims of Domestic Violence and Human Trafficking Law (Safe Time Law).
Governor Sununu Vetoes New Hampshire Legislature’s Paid Family Medical Leave PlanMay 21, 2019The New Hampshire Paid Family Medical Leave law has been left behind in the dust after Republican Governor Chris Sununu vetoed the bill.
Connecticut Appellate Court Holds That Regular, Reliable Attendance Can Be An Essential FunctionMay 17, 2019A recent Connecticut Appellate Court case provides helpful reminders that regular, reliable attendance can be an essential function of many jobs; and eliminating an essential job function is not a reasonable accommodation.
Amended Minneapolis Sick and Safe Leave Law Upheld on AppealMay 9, 2019The Minneapolis Sick and Safe Time Ordinance can be enforced against businesses not physically located in the city but who have employees who work at least eight (80) hours in a year within the geographic boundaries of the city, according to a state appellate court decision last week.
May 2019: New State & Local Posting RequirementsMay 3, 2019Review the new state and local posting requirements for California, District of Columbia, Massachusetts, Nevada, New Jersey, and New York.
Connecticut Issues Guidance on Pregnancy AccommodationMay 1, 2019On Apr. 23, 2019, the Connecticut Commission on Human Rights & Opportunities (CHRO) issued a Best Practices Bluepaper as guidance for employers with three or more employees facing accommodation requests from employees for pregnancy, childbirth, or related conditions.
Dallas Joins the Fray – Will Paid Sick Leave Prevail in Texas?April 30, 2019Over the next several months, the fate of local paid sick leave laws may well be decided by the Texas legislature.
Pittsburgh Issues Guidance on Pregnancy AccommodationApril 29, 2019The Pittsburgh pregnancy accommodation ordinance has been in effect since Mar. 15, 2019.
6th Circuit Rules a Plaintiff With PTSD Is Not Disabled Under the ADAApril 19, 2019The 6th Circuit’s ruling in Tinsley v. Caterpillar Fin. Servs., Corp., No. 18-5303 (6th Cir. Mar. 20, 2019) is a good reminder that not all impairments rise to the level of a “disability” within the meaning of the Americans with Disabilities Act (ADA).
Kentucky Adopts Pregnant Workers ActApril 15, 2019Governor Bevin signed Senate Bill 18, the Kentucky Pregnant Workers Act. The Act amends the Kentucky Civil Rights Act (KCRA) and applies to employers with 15 or more employees within the state in each of twenty (20) or more calendar weeks in the current or preceding calendar year, as well as any agent of the employer.
Michigan Supreme Court to Consider Request for Advisory Opinion on Paid Medical Leave LawApril 5, 2019The Michigan Supreme Court will wade into the clash involving the constitutionality of the state’s Paid Medical Leave Act, at least to decide whether to consider the substance of that clash.
April 2019: New State & Local Posting RequirementsApril 2, 2019Review the new state and local posting requirements for Alabama, Arizona, California, Colorado, District of Columbia, Florida, Georgia, Indiana, Mississippi, Nebraska, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Utah, and Virginia.
The 4th Circuit Reaffirms Regular, Reliable Attendance Is Essential Function of Most JobsApril 1, 2019The 4th Circuit has reaffirmed its position that regular and reliable attendance is an essential function of most jobs.
The FMLA, ADA and Overseas EmployeesMarch 20, 2019In the global economy, it is not unusual for U.S. multinational companies to have employees working overseas. Overseas employment arrangements require employers to navigate a variety of complex legal issues – some of them leave related.
What Employers Can Do to Prepare For Westchester County’s Earned Sick Leave LawMarch 18, 2019Companies should begin preparing now for the new Westchester County Earned Sick Leave Law, which becomes effective on Apr. 10, 2019.
Pittsburgh Now Requires Pregnancy Accommodations for Employees and PartnersMarch 12, 2019In major news for employers in Pittsburgh, the City Council unanimously passed a new ordinance greatly expanding protections for pregnant employees and imposing several new requirements on private employers, much like those under the federal Pregnancy Discrimination Act, Americans with Disabilities Act, and related EEOC guidance.
March 2019: New State & Local Posting RequirementsMarch 4, 2019Review the new state and local posting requirements for Florida, Kentucky, Maine, Michigan, and Virginia.
Broad Workers’ Compensation Release Agreement Bars Disability Discrimination ClaimsMarch 4, 2019The District Court for the Eastern District of Louisiana dismissed an employee’s disability discrimination claims based on a broad release in her workers’ compensation settlement agreement with the employer.
Unsettled Waters at the Accommodation of Last ResortFebruary 20, 2019In 2019, we are poised to learn where the 4th Circuit stands on reassignment as an accommodation — an issue that has split the Circuits.
Dispute Over Content of Voicemails Requires Jury Trial on FMLA ClaimsFebruary 13, 2019An 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 ImpairmentJanuary 12, 2019We 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 JobsJanuary 4, 2019Recent 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 RequirementsJanuary 4, 2019Review the new state and local posting requirements for Alaska, Arizona, Arkansas, California, Delaware, Maine, Massachusetts, Missouri, Rhode Island, and Washington.
California State Disability Insurance IncreasesJanuary 2, 2019It’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 RegulationsDecember 21, 2018On 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 LawDecember 19, 2018The 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 AmendmentDecember 18, 2018On 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 RequirementsDecember 7, 2018Review the new state and local posting requirements for Alaska, California, Massachusetts, Minnesota, and Nevada.
Austin Sick Time Ordinance PreemptedNovember 26, 2018The 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 ClaimNovember 20, 2018The 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 RequirementsNovember 3, 2018California Governor Jerry Brown signed into law Assembly Bill 1976, expanding California employer obligations respective to employee lactation accommodation.
November 2018: New State & Local Posting RequirementsNovember 3, 2018Review 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 EmployeesOctober 31, 2018Currently 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 DisappearOctober 29, 2018The 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 CountyOctober 26, 2018Albany 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 ConditionsOctober 9, 2018When 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 ReasonableOctober 5, 2018In 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 LawOctober 2, 2018On 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 FormsSeptember 11, 2018On 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 WorkersSeptember 10, 2018With 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 InitiativeSeptember 7, 2018On 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 RequirementsSeptember 5, 2018Review 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 LawAugust 22, 2018The 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 TexasAugust 21, 2018The 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 RequirementsAugust 16, 2018Review the new state and local posting requirements for California, Louisiana, Maryland, New York City, South Carolina, and Vermont.
July 2018: New State & Local Posting RequirementsJuly 6, 2018Review the new state and local posting requirements for California and Illinois.
Paid Sick Leave Turbulence in TexasJune 15, 2018Austin 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 RequirementsJune 11, 2018Review the new state and local posting requirements for California, Georgia, Kentucky, and Nevada.
Duluth Passes Paid Sick Leave OrdinanceJune 1, 2018On 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 EnforceableMay 23, 2018Last 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 RequirementsMay 9, 2018Review 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 OrdinancesMay 4, 2018On 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 CreditApril 23, 2018This 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 LeaveApril 19, 2018By 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.
Paid Sick Leave Update: 1st Quarter 2018April 6, 2018The vast and complex patchwork of paid sick leave (PSL) laws expanded in the first quarter of 2018 with the addition of a state law in Maryland and a local law in Austin, Texas. The patchwork now has more than 40 laws: nine state laws, the District of Columbia, two county laws, and about 31 municipal laws.
March/April 2018: New State & Local Posting RequirementsApril 5, 2018Review the new state and local posting requirements for Missouri, Rhode Island, and Wyoming.
New Jersey May Become Paid Sick Leave State Number TenMarch 12, 2018With a new Democratic Governor who supports a paid sick leave law (PSL) and solid Democratic majorities in both legislative chambers, New Jersey is poised to become the tenth state to enact a paid sick leave law.
New Guidance for the New York Paid Family Leave Payroll DeductionMarch 12, 2018The ever-moving target that is the New York Paid Family Leave law has shifted yet again. New York State regulators confirmed that employers do not need to cap the weekly employee payroll deduction for PFL at .126% of the New York State Average Weekly Wage.
A Paid Sick Leave Revival in Westchester County, NYMarch 10, 2018The Westchester County Board of Legislators is considering a paid sick leave (PSL) bill that is substantially similar to the bill introduced but not passed last year. The proposed Earned Sick Leave Law has the typical PSL architecture.
Paid Leave Can Contribute to an Employer’s Bottom LineFebruary 23, 2018Rarely do human resources professionals and employment lawyers contribute to an employer’s bottom line. But the new federal tax credit for employer-provided paid family and medical leave offers a unique opportunity to do just that and help reduce your company’s tax liability.
Austin Plants Paid Sick Leave Flag in the SouthFebruary 16, 2018On Feb. 16, the Austin City Council passed a paid sick leave ordinance, the first jurisdiction in the South to ever do so. It is effective Oct. 1, 2018 for employers with more than five employees. For smaller employers, it is effective Oct. 1, 2020.
New York Paid Family Leave – One Month Check UpFebruary 14, 2018The New York Paid Family Leave law has been in effect for over a month, yet reports indicate that many New York employers are not prepared for the operation requirements of the law. The basics of the law shouldn’t be news to employers with employees in New York.
Airline Group Challenges Washington Paid Sick Leave Act’s Application to Flight CrewFebruary 13, 2018The Washington State Paid Sick Leave Act as applied to pilots and flight attendants is unconstitutional and preempted by the federal Airline Deregulation Act, according to a complaint filed last week in federal court by the Air Transport Association of America.
Changes to ERISA’s Disability Claims Regulations Coming Apr. 1February 9, 2018New handling regulations for ERISA disability claims will go into effect on Apr. 1, 2018, the Department of Labor has announced. The agency confirmed that the regulations are final, without changes.
Maryland Healthy Working Families Act: A PSL-4Step AnalysisFebruary 8, 2018The Maryland General Assembly last month overrode Governor Larry Hogan’s veto of the Healthy Working Families Act (HWFA).
February 2018: New State & Local Posting RequirementsFebruary 6, 2018Review the new state and local posting requirements for Hawaii, Michigan, Vermont, and West Virginia
Supreme Court Asked to Review Decision Rejecting EEOC’s Inflexible Leave PolicyJanuary 23, 2018A petition for certiorari was filed last week in Severson v. Heartland Woodcraft, Inc., the Seventh Circuit decision rejecting the EEOC’s position that an “inflexible” or “maximum” leave policy violates the ADA.
Turning the Paid Sick Leave Page to 2018January 19, 2018As we turn the paid sick leave (PSL) page to a new year, the vast and complex patchwork of PSL laws consists of more than 40 laws: nine state laws, the District of Columbia, two county laws, and about 30 municipal laws.
January 2018: New State & Local Posting RequirementsJanuary 10, 2018Review the new state and local posting requirements for Alaska, California, Georgia, North Carolina, Virginia, and Washington.
December 2017: New State & Local Posting RequirementsDecember 6, 2017Review the new state and local posting requirements for California, Nevada, New Jersey, North Carolina, and Washington.
7th Circuit Court Case Addresses Leaves as ADA AccommodationsNovember 25, 2017A recent court case addressed the question of whether a leave of absence can be a reasonable accommodations under the Americans with Disabilities Act (ADA). The case is Severson v. ... Read More