Law and the Workplace

Category Archives: Leaves of Absences

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Nevada Labor Commissioner Issues Advisory Opinions Regarding Paid Personal Leave Law

By Allan Bloom, Arielle E. Kobetz and Eric Novak on Posted in Leaves of Absences
As we previously reported, Nevada has enacted a personal leave law, which, effective January 1, 2020, will require private employers with 50 or more employees in Nevada to provide certain employees working in the state with up to 40 hours of paid leave per year, to be used for any purpose, including non-medical personal reasons. … Continue Reading

Westchester County, New York Issues Guidance and Mandatory Notices for Safe Time Leave Law

By Allan Bloom, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
As we previously reported, effective October 30, 2019, Westchester County, NY employers are required to provide paid leave to employees who are victims of domestic violence or human trafficking (“safe time”). Leave under the new ordinance will be in addition to paid time off already required to be provided to employees under the Westchester County … Continue Reading

San Antonio, Texas Approves Revisions to Paid Sick and Safe Leave Ordinance

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
Leave of absence formThe San Antonio, Texas City Council has approved revisions to the city’s sick and safe leave ordinance, which is now scheduled take effect on December 1, 2019. As we previously reported, in the face of legal challenges to the law, the City Council had agreed to delay the effective date of the ordinance (previously slated … Continue Reading

U.S. Department of Labor Proposes Revisions to Model FMLA Forms

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
The U.S. Department of Labor Wage and Hour Division is proposing revisions to its model notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (FMLA).  Employers may, but are not required to, utilize the model forms to satisfy their notice requirements under the law and to obtain necessary information … Continue Reading

New York State to Require Reasonable Accommodation for Victims of Domestic Violence

By Evandro Gigante, Arielle E. Kobetz and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures
Leave of absence formNew York Governor Andrew Cuomo has signed into law amendments to the New York State Human Rights Law (NYSHRL) that expand protections for employees who are victims of domestic violence.  The amendments will take effect on November 18, 2019. While the NYSHRL has long prohibited discrimination against victims of domestic violence, the amendments expressly state … Continue Reading

Oregon Enacts Expansive Paid Family and Medical Leave Law

By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
Leave of absence formUPDATE: Governor Kate Brown signed the bill into law on August 9, 2019. Oregon is the latest state to enact a paid family and medical leave law. The law, which will cover all employers with one or more employees working in Oregon, establishes a state-managed insurance program with employers and employees paying into a paid … Continue Reading

San Antonio, Texas Paid Sick Leave Law Put on Hold Pending Legal Challenge

By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences
Implementation of the City of San Antonio’s paid sick leave ordinance has been delayed pending a legal challenge, less than two weeks before the ordinance’s scheduled effective date of August 1, 2019. On July 15, 2019, the Texas Attorney General and about a dozen business groups filed suit against the City, alleging that the paid … Continue Reading

Nevada Enacts Laws Regarding Paid Personal Leave, Drug Testing, and Minimum Wage

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Wage and Hour, Workplace Policies and Procedures
Continuing the trend of states passing increasingly progressive employment regulations, Nevada recently enacted three new laws addressing paid leave, workplace drug testing, and minimum wage. Paid Personal Leave Following in the footsteps of Maine, which recently became the first state to enact a personal leave law, SB 312 will require private employers with 50 or … Continue Reading

Final Massachusetts Paid Family and Medical Leave Regulations Published and Other PFML Updates

By Mark W. Batten, Samantha Regenbogen Manelin and Thomas B. Fiascone on Posted in Leaves of Absences
Leave of absence formThe Massachusetts Department of Family and Medical Leave (“DFML”) has posted the much-anticipated final regulations regarding Massachusetts’ Paid Family and Medical Leave law (“PFML”). The final regulations come on the heels of Massachusetts lawmakers’ recent extension of key PFML compliance dates. While the final regulations are materially unchanged from the previous draft issued March 29th, … Continue Reading

Connecticut to Enact Generous Paid Family and Medical Leave Law

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
Leave of absence formConnecticut is set to become the latest state to join the paid family and medical leave bandwagon, enacting what is set to be one of the most generous laws in the country.  The Act Concerning Paid Family and Medical Leave (the “Act”) was passed by both houses of the state legislature and is presently before Governor … Continue Reading

Massachusetts Paid Family and Medical Leave Deadlines Extended

By Mark W. Batten, Samantha Regenbogen Manelin and Thomas B. Fiascone on Posted in Leaves of Absences
With the original July 1, 2019 deadline for numerous provisions of the Commonwealth’s Paid Family and Medical Leave (“PFML”) legislation approaching in mere weeks, Massachusetts lawmakers have now issued a much-welcomed enforcement extension. The extensions comes as employers in the Commonwealth worked to comply with the new law.  The amended legislation, announced earlier this week … Continue Reading

Maine Becomes First State to Require Paid Leave for Any Reason

By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
Leave of absence formMaine’s Governor Janet Mills has signed into law an Act Authorizing Earned Employee Leave (the “Act”), which will require covered employers to provide employees with up to 40 hours of paid personal leave per calendar year. Unlike other paid family and sick leave laws that have been enacted around the country, Maine’s law would be … Continue Reading

New York City Council to Consider Expanding Earned Safe and Sick Time Act to Require “Personal Time”

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
The New York City Council is considering a bill that would expand the NYC Earned Safe and Sick Time Act (ESSTA) to provide eligible employees with “personal time” that could be used for any reason.  The bill would also expand protections and remedies applicable to all leave under the law, including sick and safe time. … Continue Reading

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 Manelin and Thomas B. Fiascone on Posted in Leaves of Absences
[UPDATE: On June 11, 2019, state officials, including Governor Charlie Baker, issued a joint statement noting that the state has agreed to a three month postponement before companies will be assessed fees pursuant to the PFML, meaning the taxes will begin in October, 2019 rather than on July 1, 2019 as previously anticipated. We will continue … Continue Reading

New Updates to Massachusetts Paid Family and Medical Leave

By Mark W. Batten, Samantha Regenbogen Manelin and Thomas B. Fiascone on Posted in Leaves of Absences, Workplace Policies and Procedures
Clock and calendar[UPDATE: On June 11, 2019, state officials issued a joint statement noting that the state has agreed to a three month postponement before companies will be assessed fees pursuant to the PFML, meaning the taxes will begin in October, 2019 rather than on July 1, 2019 as previously anticipated. In May, 2019, the Department of … 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 Manelin 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
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