Law and the Workplace

Tag Archives: leaves of absence

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

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

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

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

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

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

[Podcast]: The Proskauer Brief: The Challenges and Pitfalls Surrounding Requests for Multiple Medical Leaves of Absence

By Harris Mufson and Laura Fant on Posted in The Proskauer Brief Podcast
In this edition of The Proskauer Brief, senior counsel Harris Mufson and associate Laura Fant discuss the challenges and pitfalls surrounding requests for multiple medical leaves of absence. We will talk about the obligation of employers to provide reasonable accommodation under the Americans with Disabilities Act and related laws. We will also discuss a recent decision from the Seventh … Continue Reading

[Podcast] The Proskauer Brief: Employee Benefit Plan Related Issues in the Context of Disaster Recovery Situations (Part 1 of 2)

By Paul M. Hamburger on Posted in The Proskauer Brief Podcast
Unfortunately, disaster scenarios have become all too common and can cause significant disruption for employers, employees and their affected family members. In the wake of Hurricanes Harvey, Irma, and Maria, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, explores the unique issues that employers must consider when preparing their employee benefits disaster … 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

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

Revisions to Proposed Regulations for New York State Paid Family Leave Law Issued

By Evandro Gigante, Laura Fant and Esther Pak on Posted in Leaves of Absences
Leave of absence formThe New York Workers Compensation Board has issued revisions to its proposed rules for implementation of the New York Paid Family Leave Law (“PFLL”). As we previously reported, the Board issued initial proposed rules for implementation of the PFLL in February 2017.  The current revisions, which were issued on May 24, 2017 following the Board’s … Continue Reading

Proposed Regulations Issued for New York State Paid Family Leave Law

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
Leave of absence formThe New York Workers Compensation Board has issued a proposed rule for implementation of the statewide Paid Family Leave Law (“PFLL”), which goes into effect on January 1, 2018. As we previously reported, the PFLL will require employers to provide all eligible full- and part-time employees with paid, job-protected leave to: (i) care for a … Continue Reading

Breaking: D.C. Council Passes Generous Employee Paid Leave Mandate

By Guy Brenner and Ryan Hutzler on Posted in Leaves of Absences
Yesterday (December 20, 2016), the District of Columbia Council passed a bill that would create one of the country’s most generous paid family leave programs. If it becomes law, the Universal Paid Leave Amendment Act of 2016 (the “Act”) will provide all full and part time private sector workers in Washington, D.C. with eight weeks … Continue Reading

Arizona and Washington Become Latest States to Require Paid Sick Leave

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
This Election Day, voters in Arizona and Washington approved measures requiring employers to provide eligible employees with paid sick leave. These states are the latest to join the ever-expanding patchwork of jurisdictions around the country entitling employees to paid leave for their own medical needs and those of certain family members, among other covered purposes. … Continue Reading

Illinois Enacts Child Bereavement Leave Act

By Steven J. Pearlman and Sunghee Sohn on Posted in Leaves of Absences
Leave of absence formOn July 29, 2016, Illinois Governor Bruce Rauner signed into law the Illinois Child Bereavement Leave Act (the “Act”). The Act, which became effective upon signing, provides certain Illinois employees up to ten workdays of unpaid leave to grieve the death of a child.  Employees who have been employed for twelve months or longer and worked … Continue Reading

Illinois Passes Family Caregivers Leave Law

By Steven J. Pearlman and Sunghee Sohn on Posted in Leaves of Absences, Workplace Policies and Procedures
Leave of absence formEffective January 1, 2017, the Illinois Employee Sick Leave Act (the “Act”) will allow employees to use employer-provided personal sick leave benefits to care for an ill or injured family member or attend a medical appointment with a family member.  The Act defines an eligible family member—i.e., an  individual the employee is taking leave to … Continue Reading

Wisconsin Bone Marrow and Organ Donation Leave Law In Effect as of July 1, 2016

By Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
Leave of absence formEffective as of July 1, 2016, employers in Wisconsin who employ at least 50 individuals are required to provide eligible employees with up to six weeks of unpaid leave in a 12-month period to undergo and recover from bone marrow or organ donation procedures. Under the law, which borrows several provisions from the Wisconsin Family and … Continue Reading

EEOC Releases New Guidance on Unpaid Leave as a Reasonable Accommodation Under the ADA

By Allan Weitzman and Laura Fant on Posted in Accessibility & Accommodation, Leaves of Absences, Workplace Policies and Procedures
Leave of absence formThe Equal Employment Opportunity Commission (“EEOC”) has released new guidance on unpaid leave as a reasonable accommodation under the Americans with Disabilities Act (“ADA”). The guidance, issued on May 9, 2016, makes clear that employers must not only provide employees with disabilities access to leave as an accommodation on the same basis as similarly situated … Continue Reading
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