On September 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.

The CBAs in question provided employees with job protected paid

2019 has brought a flurry of new leave and accommodation laws.  In fact, in the first 8 months of 2019, more than 20 new laws in this area have passed.

The states (and US territory) that passed new laws, expanded or otherwise amended existing leave and accommodation laws, or had new laws go into effect

Employers must carefully navigate Family and Medical Leave Act (“FMLA”) pitfalls when administering attendance policies.  As illustrated by the Sixth Circuit’s decision in Dyer v. Ventra Sandusky, LLC, No. 18-3802 (6th Cir. Aug. 8, 2019), one misstep can lead to potential FMLA liability.

Background

Dyer worked as a technician for automotive supplier Ventra

Just hours before the constitutionally-mandated end of Oregon’s state legislative session (June 30 at midnight), the Oregon Senate voted to pass HB 2005—which will provide paid family and medical leave to eligible employees beginning January 1, 2023.  HB 2005 now heads to the desk of Governor Kate Brown, who has already said she intends

This week, 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. Employees must be permitted to use up to forty hours of available paid leave “without providing a reason to his or her employer.” Nevada’s

An employee returning from FMLA leave is generally entitled to reinstatement to the same position they held prior to the leave or to a virtually identical position.

A common area of confusion is how handle pay increases or other bonuses when an employee returns from FMLA leave.

An employee returning from FMLA leave is entitled

Late Friday, the Connecticut House passed a paid family and medical leave bill, which Governor Ned Lamont said he will sign, to provide paid leave to eligible employees and significantly expand employee eligibility and covered reasons for leave.   The major practical effects of the bill, once signed, are:

  • Making 12 weeks of paid leave,