Law and the Workplace

Category Archives: Leaves of Absences

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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 Manelin 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 Manelin 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 Manelin 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

Maryland Senate Overrides Governor’s Veto of Paid Sick Leave Law

By Guy Brenner and Emilie Adams on Posted in Leaves of Absences
On Friday, January 12, 2018, the Maryland Senate voted 30-17 to override Governor Larry Hogan’s veto of the Maryland Healthy Working Families Act (the “Act”) which passed the Maryland General Assembly last year.  The Maryland House of Delegates overrode the veto on Thursday.  Accordingly, Governor Hogan’s veto has been overridden and the Act will become … Continue Reading

NYC Council Passes Bill to Expand Coverage Under the Earned Sick Time Act

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
Leave of absence formThe New York City Council has passed a bill that would amend the NYC Earned Sick Time Act (“ESTA”) to expand the covered reasons for leave to include situations where an employee or an employee’s family member is a victim of domestic violence, sexual offenses, stalking or human trafficking. The bill would also expand the … Continue Reading

Model Leave Request, Certification and Waiver Forms Issued for the New York Paid Family Leave Law

By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences
Leave of absence formWith the January 1, 2018 effective date for the New York Paid Family Leave Law fast approaching, the New York State Workers’ Compensation Board (“WCB”) has issued model paid family leave (“PFL”) request and certification forms, as well as a model waiver form. The forms are available on the WCB’s New York Paid Family Leave … Continue Reading

7th Circuit Holds Long-Term Leave Is Not a Reasonable Accommodation Under the ADA

By Steven J. Pearlman and Alex Weinstein on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Leaves of Absences
Leave of absence formIn a recent decision in Severson v. Heartland Woodcraft, Inc. (Sept. 20, 2017), the Seventh Circuit affirmed a district court’s ruling that an employer did not violate the Americans With Disabilities Act (ADA) by failing to provide an employee with a long-term medical leave of absence.  Indeed, the court found that “a long-term leave of absence … Continue Reading

Rhode Island General Assembly Passes Paid Sick Leave Law

By Scott Faust and Lee Douthitt on Posted in Leaves of Absences
Leave of absence formOn September 19, 2017, the Rhode Island General Assembly passed The Health and Safe Families and Workplace Act (the “Act”), House Bill 5413B and Senate Bill 0290B, respectively, guaranteeing roughly 90 percent of the state’s workforce the opportunity to earn paid sick and safe leave.  The Governor has already indicated that she will sign the … Continue Reading

Guidance Issued on Taxability of Contributions and Benefits under New York Paid Family Leave Law

By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences
Leave of absence formThe New York State Department of Taxation and Finance has issued official guidance on several taxability issues relating to the New York Paid Family Leave Law (“PFLL”), which goes into effect on January 1, 2018.  Among other details addressed, employee contributions under the PFLL shall be made on an after-tax basis, and benefits paid to … Continue Reading

[Podcast] The Proskauer Brief: New York State’s Paid Family Leave Law

By Harris Mufson and Laura Fant on Posted in Leaves of Absences, The Proskauer Brief Podcast
Proskauer senior counsel Harris Mufson and associate Laura Fant provide an overview of New York State’s Paid Family Leave law and give some tips on how to prepare for its implementation. Many of our clients have been inquiring about this new law, set to go into effect in New York on January 1, 2018. The law will … Continue Reading

[Podcast] The Proskauer Brief: Congressional Legislation Update

By Allan Bloom and Rachel Philion on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, The Proskauer Brief Podcast, Wage and Hour
Which federal bills will become law? Proskauer partner Allan Bloom and associate Rachel Philion run through some of the key proposed congressional legislation in the pipeline that we are keeping our eyes on, and provide insight into the potential implications for employers if they pass. We also provide an update on developments from the U.S. Department of … Continue Reading

Final Regulations for New York State Paid Family Leave Law Adopted

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
Leave of absence formThe New York Workers Compensation Board (the “Board”) has adopted final regulations for implementation of the New York Paid Family Leave Law (“PFLL”).  The final regulations are effectively immediately. Long awaited by New York employers, the final regulations make several changes to the prior proposed regulations, which were issued by the Board in May and … Continue Reading

New York Paid Family Leave Final Regulations Still Awaited As Proposed July 1 Date to Begin Deductions Arrives

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
Leave of absence formAs we have previously reported, on May 24, 2017, the New York Workers Compensation Board issued revisions to its proposed rules for implementation of the New York Paid Family Leave Law (“PFLL”).  While the public comment period for the proposed revisions closed on June 23, we are still awaiting publication of the final regulations. The … Continue Reading

Maximum Employee Contribution Rate Announced for New York State Paid Family Leave Law

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
Leave of absence formAs we recently reported, the New York Workers Compensation Board has issued revisions to its proposed rules for implementation of the New York Paid Family Leave Law (“PFLL”). Subsequently, on June 1, 2017, the New York State Department of Financial Services (“DFS”) issued a statement setting forth the maximum employee contribution rate for PFLL coverage … Continue Reading
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