As discussed in a prior blog post, Michigan joined other states with paid sick leave laws on September 5, 2018, enacting the Earned Sick Time Act. Now, amidst political controversy, the Earned Sick Time Act (which never became effective) has been amended and renamed the Michigan Paid Medical Leave Act. The law requires
Austin Paid Sick and Safe Leave Law Preempted by Texas Minimum Wage Act, Third Court of Appeals Holds
By Kristin L. Bauer & A. Robert Fischer on
Posted in Leave, Paid Sick Leave
On November 16, 2018, the Austin-based 3rd Court of Appeals declared Austin’s paid sick and safe leave ordinance unconstitutional. Specifically, the court held the ordinance is preempted by the Texas Minimum Wage Act and is, therefore, unconstitutional.
The Austin ordinance has been under attack since its inception. The Travis County District Court originally denied a…
What Do You Mean I Can’t Require that an Employee Use PTO During FMLA Leave?
By David S. Mohl on
Since the FMLA came into existence, employers have been advised, where possible, to run FMLA concurrently with other leaves. Doing so prevents leave stacking. When reviewing FMLA policies, a common oversight we see is how employers handle the use of paid leave during FMLA. While the policies require employees to use earned vacation, sick or…
FMLA Leave for Chronic Health Conditions Requires Proof of Periodic Doctor’s Visits
By Katrin U. Schatz on
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. In evaluating FMLA leave entitlements, verifying …
Another Court Decides That Extended Leave is Not a Reasonable Accommodation
By Tasos C. Paindiris on
As employers struggle with managing how much, if any, leave is required as an accommodation under the ADA, we are beginning to get more direction from the Courts to guide those decisions. In Easter v. Arkansas Children’s Hospital (E.D. Ark. Oct. 3, 2018) an employee was unable to work after exhausting her FMLA leave but…
What Am I Doing Wrong?? Common FMLA Mistakes
By Sheri L. Giger on
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the seventeenth in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Being unaware of new FMLA interpretations from the U.S. Department of Labor.…
The Devil Is in the Detail – FMLA Eligibility and Remote Workers
By David S. Mohl on
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. Some incorrectly believe that a work-at-home employee cannot qualify for FMLA if the home…
Employers Must Have Duties Based Reasons to Support the Assertion that Full-Time Attendance Is an Essential Job Function
By Daniel P. Schwarz on
Teenagers are not the only ones dissatisfied when their pleas of “why” are met with a “because I said so.” It turns out that courts of appeal do not care for it either.
Careful readers of this space know that the Americans with Disabilities Act (ADA) may require employers to allow modified work schedules when…
You Can’t Always Get What You Want: Employers Don’t Have to Provide an Accommodation Requested by an Employee if There Are Other Reasonable Alternatives
By David S. Mohl on
A recent Third Circuit case, Sessoms v. Trs. Of the Univ. of Pa., 2018 U.S. App. LEXIS 16611 (3rd Cir. June 20, 2018), serves as a reminder that while the Americans with Disabilities Act (“ADA”) requires employers to provide reasonable accommodations to disabled employees, it does not obligate an employer to provide…
District Courts in the Seventh Circuit Begin to Clarify Landmark Severson Decision
By Jody Kahn Mason on
As we have previously reported, on September 20, 2017, the U.S. Court of Appeals for the Seventh Circuit issued a significant ruling for employers in Severson v. Heartland Woodcraft, Inc., 872 F.3d 476 (7th Cir. 2017), when it held that an multi-month, non-FMLA leave of absence is not a reasonable accommodation under the Americans…