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,
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 …
Indiana Legislature Puts Kibosh On Local Attendance and Leave Laws
The Indiana Legislature has passed a bill prohibiting local government units from requiring private sector employers to provide employees “an attendance or leave policy”… “that exceeds the requirements of federal or state law, rules, or regulations.” A sponsor of SB 213 said its goal was to prevent a “hodge-podge” of different employment benefits and laws…
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…
“Family Friendly America” Needs Expanded FMLA, National Partnership Says
For the 20th Anniversary of the FMLA, the National Partnership for Women and Families urges changes to provide more employees with more protected leave to “advance the FMLA’s promise of a family friendly America.”
The amendments proposed include adoption of a national family and medical leave insurance program, funded by employer and employee contributions, to…
Who Cares? DOL’s Roadmap on “Caring for” an Adult Child under FMLA
A parent otherwise eligible for FMLA leave can use that leave to care for a child 18 years of age or older, if that child (1) has a “disability” under the ADA; (2) is incapable of self-care due to that disability; (3) has a “serious health condition” under the FMLA; and (4) needs care due…
And Yet Another Multi-Million ADA Settlement Involving an Inflexible Leave Policy
There was this one, this one, and now yet another multi-million dollar settlement with the EEOC involving allegations that an employer had an inflexible leave policy. The EEOC announced that Dillard’s had agreed to pay $2 million as part of a consent decree to resolve the agency’s allegations relating to the company’s medical…
Yet Another Multi-Million Dollar ADA Settlement for Alleged “Inflexible Leave” Policy
Add another multi-million dollar settlement notch to the EEOC’s “inflexible leave” belt. The EEOC announced that national trucking company Interstate Distributor Company will pay $4.85 million to resolve a nationwide class disability discrimination lawsuit the EEOC had brought against Interstate.
The lawsuit alleged that Interstate had a policy of terminating employees who needed more than…
Court Issues Leave Limits Guidance: Will Employee Be Able to Perform Essential Functions on an Estimated Date Within 6 Months?
The question frustrating employers for decades remains: how much leave, beyond FMLA and employer policies, must an employer give a disabled employee as a reasonable accommodation under the ADA? More than a year after the EEOC hosted a public hearing on this topic, raising hopes that guidance may be forthcoming, only to have those hopes dampened…
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…