After three years of preparation, the District of Columbia’s Universal Paid Leave Amendment Act of 2016 goes live this Wednesday, July 1. The law enables eligible employees who work in D.C. to take paid leave for certain family and medical purposes. Earlier this year, the D.C. Department of Employment Services, which will administer the program,
Leave Policies
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.
New York State Enacts State-Wide Paid Sick Leave Law
New 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.
The new obligation is separate and distinct from the New York State Quarantine Leave Law enacted in response to COVID-19.
The statewide sick leave law applies to…
Expanded Wage Replacement Entitlements for California Employees Caring for Children During COVID-19 School Closures
Before the COVID-19 crisis, there were limited paid leave entitlements in California for employees requiring time off to deal with childcare and school closures. California Labor Code 230.8 required that employers of 25 or more employees working at the same location were required to provide employees with up to 40 hours of unpaid leave within…
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…
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…
Michigan Passes Paid Sick Leave Law
On September 5, 2018, Michigan became the 11th state to enact a mandatory paid sick leave law — the Earned Sick Time Act. The act was a citizen petition-initiated measure that the state legislature approved. Under the act, employees accrue a minimum of one hour of earned sick time for every 30 hours worked.…
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 …
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), “tracking…