Law and the Workplace

Category Archives: Leaves of Absences

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Congress Extends FFCRA Tax Credit into 2021, Declines to Extend FFCRA Leave

By Evandro Gigante, Harris Mufson, Alex Downie and Abigail Rosenblum on Posted in Coronavirus, Leaves of Absences
The federal Families First Coronavirus Response Act (“FFCRA”), which requires that employers with fewer than 500 employees provide sick and family leave benefits for certain COVID-19 related reasons, is due to sunset on December 31, 2020. Many believed that the FFCRA’s sick and family leave provisions would be extended into 2021 as part of the … Continue Reading

Paid Family and Medical Leave Benefits Become Available in Massachusetts on January 1st: Is Your Workplace Ready?

By Mark W. Batten, Lexie Reynolds, Thomas B. Fiascone and Heylee Bernstein on Posted in Leaves of Absences, Workplace Policies and Procedures
For Massachusetts employers, or employers with Massachusetts-based employees, Paid Family and Medical Leave (“PFML”) has been on the horizon for nearly two years. By now, you have notified your workforce about benefits and contributions, displayed a poster informing them of the same, determined the size of your workforce and who is a “covered individual,” begun … Continue Reading

New York Releases Guidance and FAQs on Statewide Paid Sick Leave Law

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
New York State has released an informal guidance page, including frequently asked questions, regarding the newly enacted statewide paid sick leave law, which took effect on September 30, 2020. As we have previously reported, the law requires employers with New York employees to provide a certain amount of paid or unpaid sick leave to be … Continue Reading

Election Season and the Workplace, Part 2: Political Leave Laws

By Allan Bloom, Laura Fant and Alex Downie on Posted in Leaves of Absences, Workplace Policies and Procedures
With Election Day just around the corner, we are highlighting some of the issues facing employers in a series of posts on election-related issues. In our first installment, we looked at employee protections around political speech and activity both in and outside the workplace. In this second installment, we’ll examine employees’ rights to take time … Continue Reading

[Podcast]: Recent Developments on California’s COVID-19 Supplemental Paid Sick Leave Law

By Harris Mufson and Philippe A. Lebel on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
In this episode of The Proskauer Brief, partner Harris Mufson and associate Phil Lebel discuss recent legal developments in California, specifically a new supplemental paid sick leave law and coronavirus (COVID-19) exposure notification requirements. Tune in as we discuss steps employers can take to ensure compliance with these new requirements. Listen to the podcast.  … Continue Reading

UPDATED: NYC Council Passes Bill to Align ESSTA with New York State Paid Sick Leave Law

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
*** UPDATE: Mayor de Blasio signed the bill into law on September 28, and it took effect on September 30, 2020, except as otherwise set forth below.  Additionally, the NYC Department of Consumer and Worker Protection has announced that employers now have until January 1, 2021 to comply with the pay statement reporting requirements discussed below … Continue Reading

Reminder: New York State Paid Sick Leave Law Takes Effect September 30

By Evandro Gigante and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
As we previously reported, the New York State paid sick leave law will take effect, and covered employees will begin accruing leave time, on September 30, 2020. However, employees may be restricted from utilizing accrued sick leave until January 1, 2021. As set forth in our previous blog: Employers with 4 or fewer employees and … Continue Reading

DOL Updates FFCRA Regulations in Light of Recent SDNY Decision

By Evandro Gigante, Laura Fant and Alex Downie on Posted in Coronavirus, Leaves of Absences
On September 11, 2020 the U.S. Department of Labor (“DOL”) issued revised Families First Coronavirus Response Act (“FFCRA”) regulations in response to a federal court decision striking down certain portions of its previous regulations. The FFCRA is a federal law that requires certain employers to provide: (1) two weeks of paid sick leave to employees … Continue Reading

Intersection Between Return-to-School and FFCRA

By Jurate Schwartz, Evandro Gigante and Harris Mufson on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
As we have previously reported, the Families First Coronavirus Response Act (FFCRA), which remains in effect through December 31, 2020, provides, among other things, that eligible employees can take up to 12 weeks of FMLA leave if the employee is unable to work (or telework) due to a need for leave to care for their … Continue Reading

DOL Releases Additional COVID-19 Guidance Related to FFCRA, FMLA and FLSA

By Guy Brenner, Arielle E. Kobetz, Heylee Bernstein and Laura Fant on Posted in Coronavirus, FLSA, Leaves of Absences, Wage and Hour
As we have previously reported, the United States Department of Labor (DOL) continues to update its COVID-19 guidance. Most recently, on July 20, 2020, the DOL issued additional Q and A guidance related to COVID-19 and the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response … Continue Reading

Colorado Governor Signs Paid Sick Leave Act into Law

By Harris Mufson, Evandro Gigante, Laura Fant and Abigail Rosenblum on Posted in Coronavirus, Leaves of Absences
Colorado State SealAmid the COVID-19 pandemic, Colorado Governor Jared Polis signed the Healthy Families and Workplaces Act (“the Act”) into law. Beginning next year (or later for small employers), the Act will require employers in Colorado to provide employees with up to six paid sick days a year – and more if there is a public health … Continue Reading

U.S. Department of Labor Releases New FMLA Forms and Requests Public Input on Existing Regulations

By Evandro Gigante, Laura Fant and Heylee Bernstein on Posted in Leaves of Absences
The U.S. Department of Labor (“DOL”) has released new and significantly revised versions of its model notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (“FMLA”). According to a press release by the DOL, the new forms, which are now currently in effect and can be found on the … Continue Reading

Department of Labor Issues Bulletin on FFCRA Leave in Light of Summer Camp and Program Closures

By Harris Mufson, Laura Fant and Rachel Therese Gulotta on Posted in Coronavirus, Leaves of Absences
On June 26, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued Field Assistance Bulletin (“FAB”) No. 2020-4, providing guidance on when an employee may take leave pursuant to the Families First Coronavirus Response Act (“FFCRA”) to care for their child whose summer camp, summer enrichment program, or other summer program is … Continue Reading

Hearing Scheduled On Proposed Amendments to Massachusetts Paid Family and Medical Leave Law

By Mark W. Batten and Samantha Regenbogen Manelin on Posted in Independent Contractor, Leaves of Absences, Workplace Policies and Procedures
On June 11, 2020, the Department of Family and Medical Leave (“DFML”) will hold a virtual public hearing on its recent proposed amendments to the final regulations pertaining to the Massachusetts Paid Family and Medical Leave Law (“PFML”) issued in June 2019.  (Instructions for registering for the virtual hearing are available at this link).  A … Continue Reading

New Voting Leave Laws in New York State and Washington D.C.

By Allan Bloom and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
New York State and Washington D.C. have enacted legislation regarding paid time off to vote. The details of these new laws are summarized below. New York Nestled into the FY 2020-21 NY state budget is a revision to the statewide time off to vote law, which was revised in April 2019 to increase paid voting … Continue Reading

Latest Proposed Coronavirus Relief Bill Would Significantly Expand Employee Leave Benefits Under the Families First Coronavirus Response Act

By Harris Mufson, Evandro Gigante and Laura Fant on Posted in Coronavirus, Leaves of Absences
Congressional SealOn May 12, 2020, the U.S. House of Representatives introduced the Health and Economic Recovery Omnibus Emergency Solutions Act (“HEROES Act”), which, among other things, would significantly expand coverage and benefits available under the Families First Coronavirus Response Act (“FFCRA”). As we have discussed at length in numerous prior posts, the FFCRA provides for paid … Continue Reading

New York City Department of Health Issues Standing Isolation Order for Purposes of New York State Emergency Sick Leave Law

By Harris Mufson, Evandro Gigante, Laura Fant, Arielle E. Kobetz and Alex Downie on Posted in Coronavirus, Leaves of Absences
NYC HealthThe New York City Department of Health has issued a standing Order that creates a process for those who live or work in the City to receive the documentation needed to claim leave in certain circumstances under the New York State COVID-19 Emergency Sick Leave Law. The State Emergency Sick Leave Law requires New York … Continue Reading

New York Enacts Statewide Paid Sick Leave Law as Part of FY 2021 Budget

By Harris Mufson, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
On April 3, 2020, New York Governor Andrew Cuomo signed into law the fiscal year 2021 New York State budget, which, notably for employers, includes a new statewide paid sick leave requirement.  As described below, the new leave provisions, which amend the NY Labor Law, will require New York employers of all sizes to provide … Continue Reading

DOL Releases FFCRA Regulations and Even More Informal Guidance – What Employers Need To Know

By Evandro Gigante, Guy Brenner, Pinchos Goldberg and Rachel Therese Gulotta on Posted in Coronavirus, Leaves of Absences
***Updated on April 13, 2020*** On April 1, 2020, the U.S. Department of Labor (“DOL”) posted a “temporary rule” issuing regulations, to implement the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) and the Emergency Paid Sick Leave Act (“EPSLA”) provisions of the Families First Coronavirus Response Act (“FFCRA”). The regulations clarify, expand and build … Continue Reading

New York State Issues Guidance on COVID-19 Quarantine Leave Law

By Evandro Gigante, Harris Mufson, Laura Fant, Arielle E. Kobetz and Rachel Therese Gulotta on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
***Updated April 16, 2020*** On March 25, 2020, New York State published Frequently Asked Questions and other guidance regarding the state’s recently enacted Covid-19 Paid Sick Leave Law and expansions to New York’s Paid Family Leave Law (PFL) and Disability Benefit Law. This bill was signed into law on March 18 and became effective immediately … Continue Reading

U.S. Department of Labor Releases Model Notice Required by the Federal Family First Coronavirus Response Act

By Evandro Gigante, Guy Brenner, Laura Fant and Meika Freeman on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
On March 25, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) released the model notice that covered employers must post regarding the Families First Coronavirus Response Act (“FFCRA”), along with Frequently Asked Questions regarding the notice requirements. You can read more about the recently enacted FFCRA here, as well as the WHD’s … Continue Reading

U.S. Department of Labor Releases Initial Guidance on the Federal Family First Coronavirus Response Act

By Guy Brenner, Evandro Gigante, Laura Fant and Meika Freeman on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
*** Please note that the Department of Labor is updating (and in some cases revising) its initial guidance on a rolling basis, so be sure to click on the Questions and Answers link for the most current version. A blog post on the most recent updates to the guidance can be found here. *** On … Continue Reading

Massachusetts Orders All Non-Essential Workers to Stay Home

By Evandro Gigante, Rebecca Sivitz and Thomas B. Fiascone on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures, Workplace Safety
Seal of MassachusettsUPDATE:  Governor Baker announced that Massachusetts’ order closing non-essential businesses and the Commonwealth’s stay at home advisory will remain in effect until May 18, 2020. *  *  * Beginning Tuesday, March 24, 2020 at 12:00 PM, Massachusetts will join a growing number of states in closing non-essential businesses and organizations to employees, customers, and the … Continue Reading

New York State Mandates That Non-Essential Workers Must Stay Home

By Evandro Gigante, Arielle E. Kobetz and Alex Downie on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures, Workplace Safety
*** IMPORTANT NOTE: On April 9, 2020, the State of New York released updated guidance that modifies some of the content discussed below.  Read more on our updated blog post here. *** Beginning Sunday, March 22, 2020, in accordance with Executive Order 202.8 issued by Governor Andrew Cuomo, only essential businesses and not-for-profit entities in … Continue Reading
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