The U.S. Department of Labor (DOL) has issued an Opinion Letter to clarify that under the Family and Medical Leave Act (FMLA), employers cannot (1) delay the designation of FMLA-qualifying leave, even if the employee prefers the delay, or (2) designate more than 12 weeks (or 26 weeks if military caregiver leave) as FMLA leave.
Leave Laws
Supreme Court Passes on ADA Leave Question, For Now
By Patricia Ambrose & Amy F. Kett on
We blogged in February about two Seventh Circuit cases pending before the Supreme Court that would have given the Court the opportunity to provide guidance as to whether, and if so to what extent, the ADA requires employers to provide disabled employees who have exhausted their FMLA and other employer-provided leave with additional leave as…
Maryland Issues Initial Guidance on Paid Sick Leave
By Patricia Ambrose, George W. Ingham & Amy F. Kett on
Posted in Leave Laws, Paid Sick Leave
We previously blogged about the requirements of Maryland’s new paid sick leave law, the Maryland Healthy Working Families Act. That law took effect on February 11, 2018, despite efforts by a number of lawmakers to delay it. As required by the law and in response to thousands of questions received, the Maryland Department of…
Supreme Court May Take Up Tricky ADA Leave Issue
Suppose that an employee with cancer has exhausted 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA) but needs more time to recover from treatment before returning to work. Whether such an employee is entitled to additional unpaid leave as a reasonable accommodation under the Americans with Disabilities Act (ADA) is…
Maryland Statewide Paid Sick Leave Law Set to Take Effect on February 11, 2018
Posted in Leave Laws, Paid Sick Leave
Absent further action by the Maryland General Assembly, a new sick leave law known as the Maryland Healthy Working Families Act (the “Law”) will take effect in Maryland by February 11, 2018. Although the Law was vetoed by Governor Larry Hogan, the General Assembly overrode his veto on January 12, 2018. The…
New York’s New Paid Family Leave Law: What Employers Need to Know
By Michael E. DeLarco & Zachary Siegel on
Posted in Leave Laws, Paid Family Leave
We’ve previously written about the NYPFL here, but this post focuses on how employers should prepare now that the NYPFL has taken effect, and how employers should prepare when an employee decides to take paid leave.
What Employers Should Do Now:
Right away, if employers have not already done so, employers should contact…
NYC Amends the Earned Sick Time Act, Expands Coverage
By Michael E. DeLarco & David Mitchell on
Posted in Earned Sick and Safe Time Act, Leave Laws
Last month, New York City Mayor Bill de Blasio signed a bill into law amending and expanding the NYC Earned Sick Time Act (ESTA). The law previously allowed full-time and part-time NYC employees who work more than 80 hours in a year to accrue up to 40 hours of paid sick leave per year to…
Beware of FMLA Return-From-Leave Pitfalls
By Paul Skelly & Amy F. Kett on
Posted in FMLA, Leave Laws
Employers generally assume, correctly, that an employee who fails to report for duty at the end of an FMLA leave with a specified end date can be terminated. But it is important not to send out that termination letter too quickly, because employees sometimes need more leave than originally anticipated. Federal regulations require employees to…
New York’s New Paid Family Leave Law: What is it and Who is Covered?
By Michael E. DeLarco & David Mitchell on
Posted in Leave Laws
Beginning January 1, 2018 nearly all private employers in New York must prepare for what some say is the most comprehensive paid family leave program in the nation. The New York Paid Family Leave Program (NYPFL) will provide New Yorkers job-protected, paid leave to bond with a new child, care for a loved one with…