Law and the Workplace

Category Archives: Leaves of Absences

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

By Harris Mufson, Rachel Therese Gulotta and Laura Fant 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 Evandro Gigante, Harris Mufson 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 Enacts Statewide Paid Sick Leave Law as Part of FY 2021 Budget

By Arielle E. Kobetz, Harris Mufson and Laura Fant 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 Arielle E. Kobetz, Rachel Therese Gulotta, Laura Fant, Harris Mufson and Evandro Gigante 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 Evandro Gigante, Meika Freeman, Laura Fant and Guy Brenner 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 Arielle E. Kobetz, Evandro Gigante 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

Federal Family First Coronavirus Response Act Signed Into Law

By Arielle E. Kobetz, Laura Fant, Heylee Bernstein, Guy Brenner and Evandro Gigante on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures, Workplace Safety
*** UPDATE: The Department of Labor has issued guidance stating that the law will take effect on April 1, 2020.  More information on the guidance can be found on our blog post here.*** On March 18, 2020, President Trump signed into the law the Family First Coronavirus Response Act (the “Family First Act” or the … Continue Reading

New York State Enacts Coronavirus Response Bill Including Paid Sick Time and Other Statutory Benefits

By Arielle E. Kobetz, Laura Fant, Harris Mufson, Heylee Bernstein and Evandro Gigante on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
*** New York State has issued additional guidance on the statewide Coronavirus leave law.  More information about this guidance can be found on our blog post here. *** On March 18, 2020, New York Governor Andrew Cuomo signed into law a statewide Coronavirus response bill that immediately provides employees with sick leave and job protection in … Continue Reading

Family First Coronavirus Response Act: What Employers Need to Know

By Arielle E. Kobetz, Laura Fant, Heylee Bernstein, Guy Brenner and Evandro Gigante on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures, Workplace Safety
*** IMPORTANT NOTE: On March 18, 2020, President Trump signed an amended version of the Family First Coronavirus Response Act into law that modifies some of the provisions discussed below.  Read more on our updated blog post here. ***   On March 14, 2020, the U.S. House of Representatives overwhelmingly passed H.R. 6201, also known … Continue Reading

Coronavirus Concerns Grow As World Health Organization Declares Pandemic

By Evandro Gigante, Rachel Therese Gulotta, Nayirie K. Mehdikhani, Laura Fant, Harris Mufson and Guy Brenner on Posted in Coronavirus, Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures, Workplace Safety
Coronovirus**Updated March 12, 2020** Declaration of Coronavirus Pandemic by the World Health Organization On March 11, 2020, the World Health Organization (WHO) declared a global pandemic regarding the 2019 Novel Coronavirus (also referred to as COVID-19, but more commonly known simply as the “Coronavirus”), which has spread to over 100 countries and territories.  The WHO … Continue Reading

Coronavirus Concerns Continue as CDC Issues Additional Travel Notices

By Evandro Gigante, Nayirie K. Mehdikhani, Laura Fant and Guy Brenner on Posted in Coronavirus, Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures, Workplace Safety
CDC LogoAs employers are likely aware, cases of the 2019 Novel Coronavirus (also referred to as COVID-19, but more commonly known simply as the “Coronavirus”) continue to spread. While the U.S. Centers for Disease Control and Prevention (CDC) continues to maintain that the risk to the general U.S. population presently remains low, the CDC is now … Continue Reading

Final Regulations Issued for New Jersey Paid Sick Leave Act

By Arielle E. Kobetz, Alex Downie and Harris Mufson on Posted in Leaves of Absences, Workplace Policies and Procedures
The New Jersey Department of Labor and Workforce Development (the “Department”) has issued its final regulations regarding the state’s Paid Sick Leave Act (the “Act”), which took effect on October 29, 2018. The Department also published its responses to over one hundred comments submitted by members of the public regarding the proposed regulations. As we … Continue Reading

Pittsburgh Paid Sick Leave Ordinance To Take Effect March 15, 2020

By Arielle E. Kobetz and Harris Mufson on Posted in Leaves of Absences, Workplace Policies and Procedures
Following a prolonged legal challenge brought by a group of Pittsburgh businesses, Pittsburgh’s paid sick leave ordinance will finally take effect on March 15, 2020. As we previously reported, in August 2015, the City of Pittsburgh passed the Paid Sick Days Act (the “Act”) which would have required most employers to provide their employees with … Continue Reading

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, Arielle E. Kobetz and Laura Fant 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 Arielle E. Kobetz, Evandro Gigante 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
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