When the federal Families First Coronavirus Response Act (FFCRA) expired on December 31, 2020, COVID-19-related leave was no longer assured for many employees throughout the United States unless another law, like the Family and Medical Leave Act or the Americans with Disabilities Act, applies. Jurisdictions that have COVID-19-related leave laws (such as the District of
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New Jersey Department of Labor Issues Final Regulations for COVID-19 Job Protection Law
The New Jersey Department of Labor and Workforce Development (NJDOL) has issued final regulations related to the COVID-19 Job Protection Act signed into law on March 20, 2020.
The law generally protects employees from adverse actions when they take or request time off at the written or electronic recommendation of a medical professional licensed in…
New York State’s New Paid Sick Leave Law Goes Into Effect September 30, 2020
New York State will soon require all employers to provide sick leave to employees. The New York State Sick Leave (NYSSL) law goes into effect September 30, 2020, but employees are not entitled to use NYSSL until January 1, 2021. Read our full article here.
Chicago City Council Passes COVID-19 Anti-Retaliation Ordinance
Chicago’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. Read more.
Employer’s Additional Notice Requirement for Requesting FMLA Leave Dooms Attempt to Dismiss Employee’s Interference Claims
Employees who take FMLA leave may be required to comply with the employer’s usual and customary notice and procedural requirements for requesting leave. If the employee does not follow these requirements, the employer may delay or deny FMLA-protected leave. But what happens if the employer’s policy has different notice requirements for FMLA leave than for…
What Did She Say? Dispute Over Content of Voicemails Requires Jury Trial on FMLA Claims
An employee seeking the protection of FMLA leave must give adequate and timely notice of the need for leave. In situations where the leave is due to a qualifying reason for which the employer previously provided the employee FMLA leave, the employee must specifically reference either the qualifying reason for leave or the need for…
Donations Not Accepted – ADA Does Not Require Continued Use of Leave Donation Program
Many employers have programs allowing employees to donate their own time off to another employee with serious medical or family issues. A dilemma often faced by employers with these policies is whether continued use of such donated time means the employee is not performing the essential function of attendance. On the one hand, the employee…
Extending Leave Was Not A Reasonable Accommodation Under The ADA Where There Was A Lack Of “Certainty” About Return To Work Date
While employers generally accept that they cannot apply a maximum leave period after which employees are automatically terminated, they continue to struggle with how much leave must be provided as a form of accommodation under the ADA. There is little dispute that leave for an indefinite period where the employee has a long term chronic …
Fear of Failure – Terminating Employees with Extensive FMLA and non-FMLA Absences
It’s a scenario that frustrates many employers. An employee with extensive intermittent FMLA absences, possibly including absences for different covered reasons, is also absent for many unspecified or unprotected reasons which lead to progressive discipline. The employee’s absences eventually reach the point of warranting termination and the employee does not provide additional medical information to…
Breaks and Flexible Hours Not a Reasonable ADA Accommodation for Frequently Absent Employee, Court Holds
Employers can easily feel overwhelmed when it comes to enforcing employee attendance standards while providing reasonable accommodation to employees with chronic health conditions. Increasingly, however, court decisions such as Williams v. AT&T Mobility Services LLC are providing much-needed guidance regarding the scope of an employer’s duty to accommodate. The Williams case illustrates how carefully-designed policies, frequent communication, and a generous sprinkling of patience form key ingredients in the recipe for avoiding liability under the Americans with Disabilities Act (ADA).
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