Stay on Top of Legislative Changes

DMEC Legislative UpdatesCompliance with rapidly changing state and federal laws is a challenge for employers across the country. For more than 20 years, DMEC has been monitoring and reporting on decisions and developments that impact absence, disability, and return to work programs.

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Archives

Colorado Voters Approve Paid Medical and Family Leave Initiative

November 9, 2020Colorado voters approved the Paid Medical and Family Leave (PMFL) Initiative, Proposition 118, on Election Day. PMFL creates a state-run paid family and medical leave insurance program in Colorado that allows employees to take up to 12 weeks of leave and keep their job.

California Employers Cannot Forget Local Supplemental Paid Sick Leave Yet

November 5, 2020In September, when Governor Newsom signed Assembly Bill 1867, employers hoped that the state-wide COVID-19 Supplemental Leave was a replacement for the patchwork of local ordinances. However, due to differences in coverage, many employers are faced with complying with the more stringent local ordinances.

Request For Medical Examination Was Permissible Under ADA After Positive Drug Test Result

October 30, 2020A federal court in Indiana dismissed an employee’s claim that his employer did not have the right to request a medical examination after he tested positive for drugs and subsequently admitted that he was taking numerous prescription medications that could create a safety risk.

CDC Guidance on “Close Contact” Is Expanded

October 22, 2020Just when you thought you had your contact tracing protocol down for dealing with COVID-19 exposures, the Centers for Disease Control and Prevention (CDC) guidance has changed again.

California’s Governor Signs Several Bills Causing Bold Changes to Employee Leaves

October 6, 2020California wrapped up its 2020 Legislative Session with the Governor passing several bills that bring dramatic changes to employee leave requirements.

Amendments to New York City Paid Sick and Safe Leave Law Effective

October 1, 2020On Sep. 23, 2020, the New York City Council enacted Int. No 2032-A, and Mayor Bill de Blasio signed the bill on Sep. 28, 2020.

Maine Labor Department Releases Final Rules for Earned Paid Leave Law

September 28, 2020As the Jan. 1, 2021, effective date of Maine’s Earned Paid Employee Leave Law approaches, the state Department of Labor (DOL) has promulgated the much-anticipated final regulations for implementing the statute.

New California Law Significantly Expands Employee Entitlement to Family and Medical Leave

September 18, 2020California employers with as few as five employees must provide family and medical leave rights to their employees under a new law signed by Governor Gavin Newsom on Sep. 17, 2020. The new law significantly expands the state’s existing family and medical leave entitlements and goes into effect on Jan. 1, 2021.

Do Employers Still Need to Provide Time to Vote in California?

September 3, 2020In light of new executive orders to ensure wide availability of voting options in California, employers may question if they still are required to provide time during the workday for their employees to vote.

School’s Back (Or Is It)! When Can Your Employees Take FFCRA Leave?

August 31, 2020For many, the start of school looks different this year: from all virtual, to hybrid, to parent’s choice. Employers required to provide leave under the Federal Families First Coronavirus Act (FFCRA) may be wondering how to administer FFCRA leave under this new regime.

Washington Governor Creates COVID-19 Food Production Workers Paid Leave Program

August 21, 2020Under the Washington COVID-19 Food Production Workers Paid Leave Program, no food production employer in Washington may operate from Aug. 18, 2020, to Nov. 13, 2020, unless the employer provides its workers with paid leave for certain qualifying events.

Puerto Rico Working Mothers Act Amended to Provide Additional Adoption Leave for Working Mothers

August 14, 2020On Aug. 8, 2020, Wanda Vázquez Garced signed into law an amendment to the Puerto Rico Working Mothers Act.

New Georgia Legislation Requires Employers to Provide Paid Lactation Breaks

August 13, 2020Georgia Governor Brian Kemp has signed new legislation requiring employers to provide paid lactation breaks and private locations at the worksite where working mothers can express breast milk.

EEOC Issues Guidance on Opioid Addiction in Employment

August 11, 2020The U.S. Equal Employment Opportunity Commission issued two technical assistance documents on Aug. 5, 2020, addressing accommodation issues under the Americans with Disabilities Act (ADA) for employees who use opioid medications or may be addicted to opioids.

New York District Court Vacates Parts of FFCRA Regulations Including Healthcare Provider Definition

August 4, 2020Shortly after the Department of Labor issued its FFCRA regulations, the state of New York filed a lawsuit challenging some of the provisions. Today (four months after the regulations went into effect, and just five months before the FFCRA is set to expire), the federal district court in New York struck down four provisions in the regulations.

DOL Issues Additional Clarification on FMLA, FFCRA, FLSA in COVID-19 Context

July 24, 2020The U.S. Department of Labor (“DOL”) recently issued additional clarification on its FAQs and guidance regarding the FMLA and the FFCRA in the context of the COVID-19 pandemic. Some highlights include:

California Legislature Proposes Bill Mirroring Executive Order Regarding Food Sector Supplemental Paid Sick Leave

July 24, 2020On Apr. 16, 2020, California Governor Gavin Newsom issued Executive Order N-51-20, (Executive Order) which provides COVID-19 related paid sick leave for “food sector workers” who work for larger employers in the state. The California legislature is now considering codifying those leave requirements with Senate Bill 729.

Extended School Closings Create Homework for Employers

July 22, 2020You can hear the parents wailing across the country, as states begin to announce their plans to keep physical schools closed or alternate between in-school and virtual classes for the upcoming year.

Colorado Enacts Legislation Requiring Employers to Provide Employees with Paid Sick Leave

July 21, 2020Colorado has enacted the Healthy Families and Workplaces Act (SB20-205) (HFWA) to require employers to provide employees with up to six days, or up to 48 hours, of earned paid sick leave.

South Carolina Enacts Lactation Support Act

July 7, 2020South Carolina Governor Henry McMaster signed into law the South Carolina Lactation Support Act, requiring employers to provide employees reasonable unpaid break time, or paid break time or mealtime, each day to express breast milk.

Tennessee Pregnant Workers Fairness Act

July 2, 2020The “Tennessee Pregnant Workers Fairness Act” (Senate Bill 2520) requires every employer with at least 15 employees to make a reasonable accommodation for an employee’s or prospective employee’s medical needs arising from pregnancy, childbirth, or related medical conditions, unless such accommodation would impose an undue hardship on business operations.

Changes to Chicago Paid Sick Leave Ordinance Became Effective Jul. 1, 2020

July 2, 2020On Jul. 1, 2020, a number of substantive changes (including expanded coverage) to Chicago’s Paid Sick Leave Ordinance (PSLO) became effective.

Summer Break Does Not Necessarily Mean A Break From FFCRA Leave Requirements

July 2, 2020Its July. A time when in normal years, schools are closed and families are planning vacations. But in 2020, paid vacation is being replaced with paid leave under the Families First Coronavirus Response Act (FFCRA), leaving employers asking, can they still do that?

D.C.’s Highly Anticipated Paid Family Leave Program Launches July 1

June 30, 2020After three years of preparation, the District of Columbia’s Universal Paid Leave Amendment Act of 2016 went live on Wednesday, July 1.

Minnesota Supreme Court Rejects Challenges to Minneapolis Sick and Safe Ordinance

June 25, 2020The Minnesota Supreme Court (5-2) has upheld the Minneapolis Sick and Safe Time Ordinance, ruling state law does not preempt the Ordinance, and it can apply to employers who are located outside of the City.

Seattle Enacts Gig Worker Paid Sick & Safe Time Ordinance During COVID-19 Crisis

June 23, 2020The Seattle City Council has enacted the Paid Sick and Safe Time for Gig Workers Ordinance, which temporarily provides paid sick and safe time for online-based food delivery network companies and drivers of transportation network companies with 250 or more gig workers worldwide.

Washington Proclamation Extending Time Period for High-Risk Employee Job Protection

June 15, 2020Washington State Governor Jay Inslee has issued a new Proclamation that extends until 11:59 p.m. on Aug. 1, 2020, the job protections in place for “high-risk” Washington employees.

Bereavement Leave: The Next Potential Mandated Leave in California

June 12, 2020California is known for having a multitude of leaves available to employees from sick leave to organ donation leave. Despite this, California has not mandated employers provide bereavement leave for employees. This may change by the end of the year if Assembly Bill 2999, the Bereavement Leave Act of 2020 (the Act), becomes law.

Chicago City Council Passes COVID-19 Anti-Retaliation Ordinance

June 3, 2020Chicago’s City Council has passed an ordinance to protect employees from retaliation by their employers if they obey public health orders or orders of a healthcare provider to stay at home because of the COVID-19 pandemic. The ordinance was passed by the City Council on May 20, 2020.

Massachusetts Department of Family and Medical Leave Proposals Affecting Private Plan Exemptions

May 21, 2020The 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

May 15, 2020The 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

May 13, 2020Despite 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

May 11, 2020New 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

May 6, 2020As 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

April 29, 2020The 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

April 27, 2020As 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

April 27, 2020Soon 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

April 23, 2020In 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

April 15, 2020Puerto 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

April 13, 2020The 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

April 10, 2020The 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

April 9, 2020Under 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

April 2, 2020On 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

April 2, 2020Texas 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

April 2, 2020On 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

March 30, 2020The 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

March 30, 2020The 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

March 30, 2020The 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

March 30, 2020The 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.

DOL Issues Families First Coronavirus Response Act Poster

March 26, 2020The Department of Labor published the required poster for employers under the Families First Coronavirus Response Act.

DOL Publishes FAQs on Families First Coronavirus Response Act

March 26, 2020According to the Department of Labor, the Families First Coronavirus Response Act will apply to leave taken between April 1, 2020 and December 31, 2020.

Seattle Expands Its Paid Sick and Safe Time Ordinance in Response to COVID-19

March 24, 2020Effective Mar. 18, 2020, the Seattle Paid Sick and Safe Time (PSST) Ordinance allows eligible employees working in Seattle to use PSST when their family member’s school or place of care is closed, regardless of whether such closure is made by a public official.

EEOC Updates Its 2009 Guidance Concerning Pandemic Preparedness

March 23, 2020On Mar. 19, 2020, the Equal Employment Opportunity Commission updated its 2009 pandemic preparedness guidance: Pandemic Preparedness in the Workplace and the Americans with Disabilities Act.

What Employers Should Know About Michigan’s Approach To COVID-19

March 16, 2020With 53 presumptive-positive cases of the novel Coronavirus (COVID-19) as of March 15, Michigan is taking proactive steps to reduce transmission of the virus.

Puerto Rico Senate Considers Unpaid Emergency Leave for Pandemic Illness

March 16, 2020Following the outbreak of the Coronavirus (COVID-19), the Puerto Rico House of Representatives approved a bill to establish a new unpaid emergency leave of 20 days for employees with a suspected or actual diagnosis of a pandemic illness.

California Paid Sick Leave and Coronavirus

March 10, 2020Confirmed Coronavirus (COVID-19) cases have risen swiftly in California and in response, administrative agencies have released guidance to employers regarding wage and hour issues and paid sick leave.

Pittsburgh Sick Days Act Effective Date is Right Around the Corner

March 9, 2020On Mar. 15, 2020, the Pittsburgh Paid Sick Days Act finally goes into effect after its years-long journey through the City Council, the Mayor’s Office, and the Pennsylvania courts.

Colorado Continues Its Efforts Towards Paid Family Leave

March 3, 2020There is a new proposed Colorado bill, which attempts to create tax incentives to encourage employers to voluntarily support paid parental and medical leave programs.

Governor Planning Big Changes to California Leave Laws

February 7, 2020As California employers continue to grapple with recent legislation effective Jan. 1, 2020, California Governor Gavin Newsom is releasing his plans for even more employment legislation.

New Facts on Coronavirus Should be Continually Monitored by Employers

February 5, 2020The outbreak of the novel coronavirus (2019-nCoV), first identified in Wuhan, Hubei Province, China, continues to raise not only health concerns, but issues for employers and employees.

The 5th Circuit Affirms “My Disability Made Me Do It” Is No Excuse for Sleeping on the Job

February 5, 2020On Jan. 14, 2020, the 5th Circuit ruled on whether the Americans with Disabilities Act (ADA) requires an employer to excuse terminable misconduct — in this case, sleeping on the job — based on an employee’s after-the-fact, disability-related explanation.

Compliance Memos: January 2020

January 16, 2020Paid Family Leave Benefit for Civilian Federal Employees Paid family leave for birth, adoption, or fostering is a new benefit for 2.1 million federal civilian employees, available for these family ... Read More

Paid Sick Leave Quarterly: 4th Quarter 2019

January 14, 2020The end of 2019 brought more nuances, but also resolutions to paid sick leave (PSL) state and local laws. For instance, challenges to the Michigan PSL law and Alabama preemption law were resolved, but the PSL turbulence in Texas continues as we await a decision from the Texas Supreme Court on whether it will wade into the PSL controversy.

Request for Opinion on Michigan Paid Sick Leave Law Rejected

December 20, 2019On Dec. 18, 2019, the Michigan Supreme Court said no, it would not issue an advisory opinion on the legality of the recently enacted state PSL law.

Challenge to Alabama Preemption Law Rejected

December 19, 2019On Dec. 13, 2019, the 11th Circuit Court of Appeals, in an en banc decision, rejected the challenge to Alabama’s minimum wage and employment benefits preemption law.

San Antonio Sick and Safe Leave Law Enjoined

November 25, 2019On Nov. 22, 2019, a Bexar County judge temporarily enjoined implementation of San Antonio’s Paid Sick and Safe Leave Ordinance to become effective on Dec. 1, 2019.

Westchester Safe Time Leave Has Arrived

November 6, 2019The Westchester County Safe Time Leave Law took effect on Oct. 30, 2019, and starting on Jan. 28, 2020, employers must begin providing eligible new hires with a copy of the law and written notice, which is intended to explain how the law applies to them.

Paid Sick Leave Quarterly: 3rd Quarter 2019

October 29, 2019The paid sick leave (PSL) turbulence in Texas garnered most of the PSL headlines in the third quarter. How that turbulence ends will determine the fate of PSL ordinances in Austin, Dallas, and San Antonio.

6th Circuit Rules Regular, On-Site Attendance Is Essential Function

October 22, 2019The 6th Circuit held “regular, in-person attendance constitutes an essential function of most jobs," but an employer must tie time-and-presence requirements to some other job requirement in order to prove that in-person attendance is indeed an essential job function.

Massachusetts Begins Withholdings to Fund Paid Family and Medical Leave

October 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 Unreasonable

September 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 Leave

September 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 ADA

August 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 Law

August 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 Leave

August 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 Law

August 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 2020

August 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 Upheld

August 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 Attempt

August 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 Interpretation

August 12, 2019Employers must carefully navigate Family and Medical Leave Act (FMLA) pitfalls when administering attendance policies.

Washington Weighs in on Obesity Discrimination

August 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 Absences

August 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 Weeks

July 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 Texas

July 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 Law

July 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 Pittsburgh

July 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 Leave

July 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 Employees

July 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 2019

July 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 Accommodate

July 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 Law

June 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 Antonio

June 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 Facilities

June 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 Employees

June 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 Law

June 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 Requirements

June 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 Governor

May 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 Law

May 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 Plan

May 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 Function

May 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 Appeal

May 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 Requirements

May 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 Accommodation

May 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 Accommodation

April 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 ADA

April 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 Act

April 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 Law

April 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 Requirements

April 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.