Law and the Workplace

Category Archives: Leaves of Absences

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Dallas, Texas Enacts Paid Sick Leave Law, But Its Future Remains in Question

By Allan Bloom, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
The Dallas, Texas City Council has enacted a sick leave ordinance that would require employers to provide eligible employees with paid leave for certain medical and safety-related needs. It remains to be seen, however, whether the ordinance will ultimately take effect. As we have previously reported, in late 2018, a Texas appellate court ruled that … Continue Reading

Westchester County, New York to Require Paid Leave for Victims of Domestic Violence

By Allan Bloom and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
Leave of absence formEffective October 30, 2019, Westchester County, NY employers will be required to provide paid leave to employees who are victims of domestic violence or human trafficking.  Leave under the new ordinance will be in addition to paid time off already required to be provided to employees under the Westchester County paid sick leave law, which … Continue Reading

Westchester County Issues Guidance on its Earned Sick Leave Law

By Harris Mufson and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
As we previously reported, Westchester County, NY recently enacted an Earned Sick Leave Law (the “ESSL”), which provides eligible employees with up to 40 hours of paid leave for their own medical needs, those of a family member, or other covered reasons. The Westchester County Human Rights Commission has established a dedicated webpage regarding the … Continue Reading

Updated: Massachusetts Employers Must Distribute Paid Leave Notice By June 30, 2019

By Mark W. Batten, Samantha Regenbogen and Thomas B. Fiascone on Posted in Leaves of Absences
[UPDATE: As of May 1, 2019, the Department of Family Medical Leave extended the deadline for employers to distribute notice from May 31 to June 30, 2019, as a result of feedback from the public. The deadline for employers to file for private plan exemptions during Quarter 1 has also been extended, from June 30 … Continue Reading

New Updates to Massachusetts Paid Family and Medical Leave: Preparing for July 1st

By Mark W. Batten, Samantha Regenbogen and Thomas B. Fiascone on Posted in Leaves of Absences, Workplace Policies and Procedures
Clock and calendarPaid Family and Medical Leave is on its way to Massachusetts.  In its latest update, the Commonwealth’s Department of Family and Medical Leave (“DFML”) published proposed regulations on March 29, 2019 for public comment.  After the next round of revisions, the final Paid Family Medical Leave (“PFML”) regulations will become effective July 1, 2019.  The … Continue Reading

Don’t Delay: DOL Issues New Opinion Letter on FMLA Leave

By Allan Bloom and Arielle E. Kobetz on Posted in Leaves of Absences
On March 14, 2019, the U.S. Department of Labor (DOL) issued an opinion letter, FMLA 2019-1-A, addressing compliance issues under the Family and Medical leave Act (FMLA). The FMLA provides eligible employees with up to 12 workweeks of unpaid leave during a 12-month period for certain family and medical reasons or to address certain qualifying … Continue Reading

New Jersey’s New Paid Family Leave Law Provides Greater Benefits for Employees

By Evandro Gigante, Arielle E. Kobetz and Vanessa P. Avello on Posted in Leaves of Absences, Workplace Policies and Procedures
A new bill seeking to expand paid family leave in New Jersey passed the Senate and Assembly on January 31, 2019, and was signed by Governor Phil Murphy today. The bill makes sweeping changes to the New Jersey Family Leave Act that provides greater benefits for more employees. Following are some highlights of the bill: … Continue Reading

Massachusetts Releases Draft Regulations For Paid Family and Medical Leave Law

By Mark W. Batten, Samantha Regenbogen and Thomas B. Fiascone on Posted in Leaves of Absences, Workplace Policies and Procedures
Leave of absence formOn January 23, 2019, Massachusetts released draft regulations on the Paid Family and Medical Leave (“PFML”) Law, signed into law last summer (as previously discussed here) and set to begin taking effect this upcoming July.  The Department of Family and Medical Leave released these draft regulations for public comment only, with the deadline for publication … Continue Reading

The Employment Law Landscape in 2019

By Evandro Gigante, Arielle E. Kobetz and Tony S. Martinez on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures
States across the country have passed new laws addressing sexual harassment, paid family leave, and other labor and employment law issues. As many of these laws will soon become effective, employers should be prepared for the following changes in the legal landscape. Sexual Harassment Laws New York City’s Stop Sexual Harassment Act, effective April 1, … Continue Reading

New York Paid Family Leave Law: Are You Prepared for 2019?

By Evandro Gigante and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
As we approach the New Year, it is important to keep in mind several updates to the New York Paid Family Leave Law (“NYPFLL”) that will become effective January 1, 2019. As we have previously reported, the NYPFLL provides a phased-in system of paid, job protected leave for eligible employees: (i) to care for a … Continue Reading

Texas Appellate Court Rules Austin City Paid Sick and Safe Leave Ordinance Unconstitutional

By Evandro Gigante, Arielle E. Kobetz and Mark A. Linscott on Posted in Leaves of Absences, Workplace Policies and Procedures
Leave of absence formAs we previously reported, in February 2018, the city of Austin, Texas passed a paid sick and safe leave ordinance (the “Ordinance”) that would have required companies to provide paid sick and safe leave to their employees. The Ordinance obligated companies with 15 or more employees to provide eight days of paid leave, and companies … Continue Reading

Amended Rules Issued Under NYC Earned Safe and Sick Time Act

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
Leave of absence formIn follow up to recent amendments to the New York City Earned Safe and Sick Time Act (“ESSTA”), the NYC Department of Consumer Affairs Office of Labor Policy and Standards (“OLPS”) has amended its official rules, several of which expand upon currently existing rules regarding ESSTA. The OLPS has also issued an updated ESSTA FAQ … Continue Reading

Westchester County, New York Enacts Paid Sick Leave Law

By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
Leave of absence formWestchester County, NY has become the latest jurisdiction to enact a law providing eligible employees with paid leave for their own medical needs, those of a family member, or other covered reasons. The Ordinance will take effect on March 30, 2019. Covered Employees and Accrual of Sick Leave Similar to the New York City Earned … Continue Reading

Mandatory Employee Notice Issued for New Jersey Earned Sick Leave Law

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
Leave of absence formThe New Jersey Department of Labor and Workforce Development (the “Department”) has issued a mandatory employee notice regarding the NJ Earned Sick Leave Law, which goes into effect on October 29, 2018.  As we have previously reported, the Law will require employers to provide eligible employees with paid leave for their own medical needs, those … Continue Reading

Proposed Rules Issued for New Jersey Paid Sick Leave Act

By Evandro Gigante, Laura Fant and Maryssa Mataras on Posted in Accessibility & Accommodation, Leaves of Absences, Wage and Hour, Workplace Policies and Procedures
The New Jersey Department of Labor and Workforce Development has issued proposed rules for the recently enacted New Jersey paid sick leave act (the “Act”), which will take effect on October 29, 2018. The proposed rules will be subject to a 60-day public comment period. As we have previously reported, the Act will require employers … Continue Reading

San Antonio, Texas Enacts Paid Sick Leave Law … But Will It Live to Go Into Effect?

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
Leave of absence formSan Antonio, Texas has become the latest jurisdiction to enact a law providing eligible employees with paid leave for their own medical needs, those of family members, and for other covered reasons.  The new Ordinance is scheduled to take effect on August 1, 2019 for employers with more than five employees, and on August 1, … Continue Reading

[Podcast]: New York City Temporary Schedule Change Law

By Harris Mufson and Laura Fant on Posted in Accessibility & Accommodation, Leaves of Absences, The Proskauer Brief Podcast, Workplace Policies and Procedures
In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Laura Fant discuss the New York City Temporary Schedule Change Law that recently went to effect. This law effectively requires employers to grant employee requests for temporary schedule changes for certain medical and family care purposes, which can include caring for a minor child or for … Continue Reading

Mandatory Posting Requirement Announced for NYC Temporary Schedule Change Law

By Evandro Gigante and Laura Fant on Posted in Accessibility & Accommodation, Leaves of Absences, Workplace Policies and Procedures
Clock and calendarAs we have previously reported, effective July 18, 2018, employers in New York City are now required to grant employee requests for temporary work schedule changes when needed for certain medical and family care purposes.  Employers are required to grant such requests either twice per calendar year for up to one business day per request, … Continue Reading

Massachusetts Governor Signs Minimum Wage, Family and Medical Leave Bill

By Mark W. Batten, Samantha Regenbogen and Laura Franks on Posted in Leaves of Absences, Wage and Hour, Workplace Policies and Procedures
Paying WagesOn June 28, 2018, Governor Charlie Baker signed “An Act Relative to Minimum Wage, Paid Family Medical Leave, and the Sales Tax Holiday” (HB 4640) into law. Last week, we covered three major changes the Act makes to Massachusetts law that employers should be aware of (available here). In short, the Act incrementally increases minimum … Continue Reading

Massachusetts Legislature Passes Compromise Bill Increasing Minimum Wage, Establishing Paid Family and Medical Leave

By Mark W. Batten, Samantha Regenbogen and Laura Franks on Posted in Leaves of Absences, Wage and Hour, Workplace Policies and Procedures
On June 20, 2018, the Massachusetts legislature passed House Bill 4640, “An Act Relative to Minimum Wage, Paid Family Medical Leave, and the Sales Tax Holiday.” The bill increases minimum wage, eliminates premium Sunday pay for retail workers, and establishes a state paid family and medical leave insurance program. The bill also creates an annual … Continue Reading

Duluth, Minnesota Enacts Paid Sick Leave Law

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
Leave of absence formDuluth, Minnesota has become the latest jurisdiction to enact a law providing eligible employees with paid leave for their own medical needs, those of a family member, or other covered reasons.  The Ordinance will take effect on January 1, 2020. The Ordinance will apply to employers with five or more employees nationwide.  Covered workers in … Continue Reading

New Jersey Enacts Statewide Paid Sick Leave Law

By Evandro Gigante, Laura Fant and Maryssa Mataras on Posted in Leaves of Absences, Workplace Policies and Procedures
New Jersey Governor Phil Murphy (D) has signed into law the New Jersey Paid Sick Leave Act (the “Act”), which will provide eligible employees with paid leave for their own medical needs, those of a family member, or other covered reasons. The Act will take effect on October 29, 2018. Covered Employers and Employees The … Continue Reading

Are You Prepared for the Massachusetts Pregnant Workers Fairness Act to Go Into Effect on April 1?

By Mark W. Batten, Samantha Regenbogen and Laura Franks on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures
As the April 1, 2018 effective date of the Massachusetts Pregnant Workers Fairness Act (“MPWFA”) draws near, it is time to ensure that company policies and practices are in compliance with the new law. Within the last few months, the Massachusetts Commission Against Discrimination (“MCAD”) has issued interpretative guidance (including initial guidance issued January 23, … Continue Reading

Austin, Texas Enacts Paid Sick and Safe Leave Law

By Allan Bloom, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences
Leave of absence formThe Austin, Texas City Council has enacted a paid sick and safe leave ordinance, becoming the first southern city to pass such a law for private sector employees.  The ordinance will take effect on October 1, 2018 for employers with five or more employees; coverage for smaller employers begins on October 1, 2020. Employees who work … Continue Reading
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