Tag Archives: Leave Policies

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 … Continue Reading

Texas Paid Sick Leave: Dallas and San Antonio Employers Should be Prepared for Paid Sick Leave Laws by August 1 Absent Prompt Legislative or Court Intervention

Although there is no Texas state-wide law that requires paid sick leave in Texas, the cities of Austin, Dallas, and San Antonio have adopted paid sick and safe leave laws. Proposed legislation  that would have blocked these laws from going into effect was introduced during the most recent Texas legislative session. However, as of late last week, … Continue Reading

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 … Continue Reading

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 … Continue Reading

Are You Coming In Today? An FMLA Intermittent Leave Toolkit

            Intermittent leave continues to present some of the most exasperating FMLA issues. In March, the San Diego-based Disability Management Employer Coalition (DMEC) issued a white paper showing the findings of its annual 2016 Employer Leave Management Survey, which involved 1,132 U.S. employers of all sizes. According to the Society for Human Resource Management (SHRM), … Continue Reading

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 … Continue Reading

Toward a State Model Leave Law

Perhaps we should take a lesson from the UK. Faced with a “three-decade-old body of law, featuring nine antidiscrimination laws” which some described as “outdated, fragmented, inconsistent, inadequate, inaccessible, and at times incomprehensible,” a research team in 2000 recommended a single equality act, according to a recent Vanderbilt Law Review article.  That single equality act … Continue Reading

Family Flight Fuels Frisco Family Friendly Workplace Law

Billed as a measure to deter more “family flight” from San Francisco, the City’s Board of Supervisors have passed an ordinance giving employees who are caretakers or parents the “right to request” flexible or predictable work schedules. The mayor has indicated he will sign the ordinance into law. San Francisco has the lowest percentage of … Continue Reading

Florida Governor Puts Kibosh on Local Leave Laws

Florida Governor Rick Scott has signed a bill that puts the kibosh on local leave and attendance laws.  House Bill 655 prevents Florida’s political subdivisions from requiring private employers to provide employees with disability, sick leave or “personal necessity” benefits, among others. In a statement, Governor Scott said: "This bill fosters statewide uniformity, consistency and predictability … Continue Reading

Florida Legislature Puts Kibosh on Local Leave Laws

Florida may join Wisconsin and Indiana in putting the kibosh on local leave and attendance laws in their states. On May 2, 2013, the Florida Legislature passed House Bill 655, which prevents Florida’s political subdivisions from requiring private employers to provide employees with disability, sick leave or “personal necessity” benefits, among others. The bill, which … Continue Reading

A Mega Leave-and-Attendance Patchwork on its Way!

If you look out toward the leave-and-attendance legislation horizon, and you might have to squint a bit but not much, you can see yet another patchwork beginning to take shape. This one is on paid sick days. Multi-state employers need to watch this carefully since it is certainly heading for full-fledged “patchwork” status which, when … Continue Reading

Paid Sick Leave Laws: Truth in Consequences?

Miles’ Law, named for Rufus Miles, a chief in the U.S. Bureau of the Budget in the 1940’s, states that “where you stand depends on where you sit.” That law certainly applies to paid sick leave legislation. Advocates tout that everyone will benefit, including businesses. For example, Portland, Oregon recently enacted an ordinance requiring sick time … Continue Reading

Leave Sharing Programs and Other Steps Employers Can Take to Assist Employees Affected by Hurricane Sandy

When tragic events like Hurricane Sandy occur, many companies try to find ways to assist affected individuals, including the company’s employees and their families.  "Leave sharing" programs, in which employees donate paid leave to other employees who need to miss work due to the storm or disaster, often become popular.  Many companies are surprised to learn that there … Continue Reading

Reminder to Philadelphia Employers: You May Have to Provide Your Employees with Paid Sick Leave

As of July 1, 2012, several employers in Philadelphia now have to provide their employees with paid sick leave.  Pursuant to an amendment to Chapter 17-1300 of the Philadelphia Code, titled “Philadelphia 21st Century Minimum Wage and Benefits Standard,” certain entities providing services to, or receiving financial aid from, the City of Philadelphia must provide … Continue Reading

Connecticut First to Impose Paid Sick Leave Requirement

Connecticut has become the only state to require employers to provide paid sick leave to  employees. On July 1, 2011, Governor Dannel Malloy signed into law Public Act No. 11-52, An Act Mandating Employers Provide Paid Sick Leave to Employees.    Beginning January 1, 2012, a covered employer must provide paid sick leave annually to each … Continue Reading

Feds Need Peripheral Vision Too When Managing Employee Leaves

If it is any comfort to private sector employers, when it comes to managing an employee’s entitlement to time off under a myriad of legal requirements and internal personnel policies, the federal government, as an employer, faces similar challenges. On December 3, the Office of Personnel Management issued final regulations addressing the use of sick … Continue Reading

EEOC Continues Its Attack on “Inflexible” Leave Policies

  The EEOC’s challenge to “inflexible” leave policies continued this week, as the agency announced that it had sued Princeton HealthCare System for failing to reasonably accommodate employees who needed medical leave. According to the EEOC press release, Princeton HealthCare "fires employees" who are not qualified for FMLA leave and refuses to grant leave beyond … Continue Reading

Leave Mavens Now New EEOC Commissioners

Watch for a continued focus on medical leaves at the EEOC since President Obama’s recent recess appointments have extensive backgrounds on leave issues. The EEOC has been challenging employers’ “inflexible” leave policies which, the EEOC alleges, do not appropriately consider the ADA’s reasonable accommodation requirements.  Newly-sworn-in EEOC Commissioner Chai Feldblum, a former Georgetown University Law … Continue Reading
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