Headlines about "Family and medical leave, incl. FMLA"
Gathered from the web by the editors at BenefitsLink.com.
Hearing Indicates Emergency Paid Leave Bill May Be Modified
Excerpt: "Advocacy groups and employers expressed concerns about an emergency paid sick leave bill designed to help workers who are stricken with the H1N1 flu at a Capitol Hill hearing on Tuesday, November 17. The Emergency Influenza Containment Act would guarantee up to five paid sick days for employees who are told by their supervisors to go home or stay home because of a contagious illness." (Workforce Management; free registration required)
Governance and Compliance Advisory Update: November 2009
Excerpt: "October saw significant activity with respect to retirement, executive compensation, welfare and other benefit legislation, regulations and rulings." (Towers Perrin)
[Guidance Overview] Amendments to the FMLA's Military Leave Provisions
Excerpt: "The NDAA's amendments to the FMLA do not specify an effective date. Therefore, employers should begin complying with the amendments immediately as a precautionary measure until further guidance is provided. Employers will need to update their practices to account for these changes in the FMLA. Whether changes to employers' FMLA policies are necessary will depend on whether the policy in question is specific enough to precisely define the eligibility requirements for qualifying exigency and covered servicemember leave that are affected by the NDAA's amendments. If so, revising the policy to mirror the NDAA amendments is advisable." (Briggs and Morgan P.A.)
[Guidance Overview] FMLA Military Leave Rights Expand
Contains link to the statute. Excerpt: "New military FMLA leave rights enacted Oct. 28 by the National Defense Authorization Act grant 12 weeks of qualifying exigency leave to relatives of active-duty members of the Armed Forces ? not just families of active Guard or Reserve members or retirees from the Armed Forces or Reserves. Military caregiver leave -- which provides up to 26 weeks when a relative incurs serious illness or injury in active duty -- now extends to families of veterans whose injury or illness occurred in the past five years. The law also gives certain federal employees retirement credit for unused sick leave." (Mercer)
[Guidance Overview] President Obama Signs Legislation Expanding Family and Medical Leave Act
Excerpt: "The Defense Department Fiscal Year 2010 legislation does not have an effective date. However, employers should presume that the new FMLA provisions are effective immediately, with the exception of the provisions relating to veteran caregiver leave, which require action by the Secretary of Labor before they become effective." (Kilpatrick Stockton)
[Guidance Overview] Congress Adds Additional Family Military Leave Entitlements to the FMLA
Excerpt: "Because these amendments to the FMLA both extend additional benefits to the families of members of the active duty Armed Forces, and, for the first time, extend benefits to the families of seriously injured or ill veterans, employers should expect that more employees will be entitled to leave. It is anticipated that the DOL will revise its required FMLA notice and its FMLA regulations to implement these new provisions." (Littler)
[Guidance Overview] FMLA Servicemember Leave Provisions Expanded (PDF)
4 pages. Excerpt: "[A bill that has become law] amends the Family and Medical Leave Act (FMLA) to do the following: Expand the FMLA's military caregiver leave entitlement to include veterans, who were not covered under existing law; Expand the exigency leave entitlement to include family members of the regular Armed Forces, who were not entitled to exigency leave under existing law; Extend the availability of military caregiver leave where a preexisting serious injury or illness is aggravated by active duty service" (Morgan Lewis)
[Guidance Overview] New Law Expands FMLA Leave Rights for Employees Who Are Relatives of Veterans and Members of the Armed Forces
Excerpt: "No changes have been made to the FMLA's health benefit provisions. But these expanded leave rights for employees who are relatives of servicemembers or veterans may result in more employees taking FMLA leave, which will affect administration of group health plans. Employers subject to the FMLA should review their policies and procedures . . . ." (Employee Benefits Institute of America)
[Guidance Overview] FMLA Coverage for Military Families Expanded Yet Again
Excerpt: "While these changes to the FMLA's military leave provisions may only apply to a relatively small percentage of employees in your workforce, the new coverage provisions will require employers to modify ? again ? their FMLA policies to ensure full compliance with the law. Likewise, employers need to communicate these changes to management employees and other employees who are involved in administering FMLA leaves and handling other leaves or employee absence issues." (Troutman Sanders LLP)
Senate Passes Defense Authorization Bill Which Includes FMLA Military Leave Provisions
Excerpt: "The bill includes an expansion of Family and Medical Leave Act (FMLA) provisions related to qualifying exigency leave and military caregiver leave. Qualifying exigency leave would be available to family members of active duty military and military caregiver leave would be available to family members of veterans. The House approved the conference report on October 8. The bill is expected to be signed into law by President Obama." (Hewitt Associates)
[Guidance Overview] Frequently Asked Employment Law Questions This Flu Season
Excerpt: "In anticipation of higher-than-average absenteeism due to seasonal and H1N1 flu outbreaks, employers should implement specific best practices that protect employees, minimize business disruptions and avoid employment claims. . . . This article offers in depth responses to frequently asked questions, provides resources for more information, and suggests best practices for protecting the health and safety of employees, minimizing disruption to business activities and avoiding employment claims when the flu hits the workplace." (McDermott Will & Emery)
[Guidance Overview] EEOC Cracks Down on Leave Policies That May Violate ADA
Excerpt: "The Equal Employment Opportunity Commission (EEOC) is making it abundantly clear that employers must tread carefully in adopting and implementing medical leave policies. According to the EEOC, those policies that provide for the termination of an employee who has been out on leave for a specified amount of time violate the Americans with Disabilities Act (ADA) if they do not contemplate the possibility of a reasonable accommodation. In two recent cases publicized by the EEOC, the agency has asserted its considerable authority against two major U.S. employers, United Parcel Service (UPS) and Sears and Roebuck & Co." (Pepper Hamilton LLP)
Accenture Employees Can Finance Own Unpaid Leave
Excerpt: "A global consulting firm known for its innovative benefit programs is taking a novel approach to income replacement -- using it to help employees guarantee an income stream during periods of unpaid leave. Accenture's Future Leave program, offered since January 2008 after two successful pilot runs, is a self-funded sabbatical that enables employees and senior managers in good standing with at least three years of continuous employment take off up to four months, when combined with paid time off and the Family Medical Leave Act." (Employee Benefit Adviser; free registration required)
[Guidance Overview] Third Circuit Guidance on Difficult FMLA and ADA Issues
Excerpt: "The United States Court of Appeals for the Third Circuit's recent decision in Erdman v. Nationwide Insurance Co.1 No. 07-3796 (Sept. 23, 2009) provides much-needed guidance to employers on several Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) issues including : (1) how to analyze FMLA hours eligibility when the employee claims off-the-clock work, (2) what is considered a protected activity for purposes of an FMLA retaliation claim, and (3) how the ADA applies to employees who request leave to care for a disabled family member." (Littler Mendelson P.C.)
[Guidance Overview] FMLA Protection Applies Before Leave Starts, According to Court
Excerpt: "In a recent decision, the Third Circuit Court of Appeals ruled that an employee does not need to actually begin a leave under the Family and Medical Leave Act (FMLA) to establish a claim for interference or retaliation under the FMLA. The court pointed out that 'it would be patently absurd if an employer who wished to punish an employee for taking FMLA leave could avoid liability simply by firing the employee before the leave begins.'" (American Banker)
[Guidance Overview] FMLA Retaliation Claims Still Viable without Commenced Leave
Excerpt: "An employee does not have to actually begin taking time off under the Family and Medical Leave Act (FMLA) to claim illegal employer retaliation under the law. That was the holding of the 3rd U.S. Circuit Court of Appeals in a case involving Brenda L. Erdman's lawsuit against Nationwide charging the employer fired her after requesting FMLA leave but before she was able to take the time." (PLANSPONSOR.com; free registration required)
[Guidance Overview] OPM Proposal of Long-Term Care and Leave Benefits for Domestic Partners of Federal Employees
Excerpt: "EBIA Comment: As noted in the preamble to the proposed regulations, a majority of Fortune 500 companies, thousands of smaller companies, many colleges and universities, and other public-sector entities already provide same-sex domestic partners with a variety of benefits available to other family members. Although these OPM proposals do not affect other employers, they should be of general interest both to employers who currently provide domestic partner benefits and to those who are contemplating adding those benefits." (Employee Benefits Institute of America)
[Guidance Overview] Wisconsin Amends FMLA to Include Domestic Partners (PDF)
Excerpt: "The Wisconsin Biennial Budget, singed into law on June 29, 2009, by Gov. Jim Doyle, contains provisions that extend the Wisconsin Family and Medical Leave Act (WFMLA) to domestic partners. The WFMLA requires Wisconsin employers with 50 or more employees to provide unpaid leave to eligible employees as follows: Up to six weeks for the birth or adoption of a child; Up to two weeks for the care of a qualifying family member with a serious health condition; and Up to two weeks for the employee's own serious health condition." (Drinker Biddle Reath LLP)
Proposed FMLA Legislation Could Present New Compliance Challenges
Excerpt: "[Congress has] been considering a slew of aggressive proposals designed to expand various aspects of the Family and Medical Leave Act (FMLA). While these changes could affect employers in all industries, retailers should be especially concerned due to the possible lowering of requirements for coverage of part-time employees." (Fisher & Phillips LLP)
Illinois Leave Law for Victims of Domestic or Sexual Violence
Excerpt: "Originally enacted in 2003, the Illinois Victim's Economic Security and Safety Act ('VESSA') provides certain protections to employees who are, or whose family or household members are victims of domestic or sexual violence. Among other things, VESSA prohibits discrimination against such employees, requires employers to provide them with reasonable accommodations, and allows them to take up to 12 weeks of statutorily protected leave. Effective August 24, 2009, Public Act 96-0635 amends VESSA by, among other things, extending the law's coverage to smaller employers and expanding the definition of 'family or household member' so that more employees are covered by the Act." (Workplace Prof Blog)
2009 Family Medical Leave Legislation in the States (PDF)
36 pages. Excerpt: "More than 250 legislative bills related to family medical leave were introduced during the 2009 legislative session. Laws were adopted in 13 states, most making changes to existing laws or providing for leave benefits. As of August 28, 2009, states enacting laws were Colorado, Connecticut, Hawaii, Illinois, Indiana, Maine, Nevada, New Jersey (2008-09 biennial), New Mexico, North Carolina, Oregon, Texas and Washington." (National Conference of State Legislatures)
[Opinion] Defending Paid Parental Leave
Excerpt: "One of the side effects of the bad economy is that good ideas that sound expensive begin getting ignored. Take paid parental leave. Making sure that parents can afford to take time off to have a baby is a good idea on a number of fronts. It protects families from the choice of financial calamity or time with a newborn. It helps employers retain and recruit staff. It appears to improve child health. And -- everywhere else in the world -- it is pretty much standard." (The Washington Post; free registration required)
[Guidance Overview] Oregon Enacts Military Spouse Leave Law
Excerpt: "Oregon employers must allow employees to take up to 14 days of unpaid, job-protected leave for a spouse's deployment to and/or leave from active military duty under the newly enacted Oregon Military Family Leave Act. The law, which took effect June 25, applies to employers with 25 or more employees in the state, including public employers. An employee qualifies for the leave if he or she works an average of at least 20 hours per week and his or her spouse, during a military conflict, has received notice of an impending call or order to active duty, or has been deployed and has received notice of leave." (Mercer LLC)
EEOC Claims UPS Medical Leave Policy is Discriminatory
Excerpt: "In a class action lawsuit filed in federal court in Chicago, the U.S. Equal Employment Opportunity Commission (EEOC) charged that Atlanta-based United Parcel Service, Inc. (UPS) violated the Americans with Disabilities Act (ADA) by rejecting an extension of medical leave as a reasonable accommodation for its employees with disabilities. The suit is being filed on behalf of a class of employees who were fired after exceeding UPS' 12-month leave policy. '[P]olicies like this one at UPS, which set arbitrary deadlines for returning to work after medical treatment, unfairly keep disabled employees from working,' said EEOC Chicago Regional Attorney John Hendrickson, in a press release." (PLANSPONSOR.com; free registration required)
OPM Proposes New Federal Employee Leave Policies for Pandemics and Family Care
Excerpt: "The Office of Personnel Management proposed regulations on Wednesday that would make it easier for federal employees to take time off to care for family members who have been exposed to dangerous communicable diseases or wounded in combat. 'It's a very generous federal benefit, and it's one that makes us a model employer,' Jerome Mikowicz, deputy associate director of the Center for Pay and Leave Administration at OPM, said of the communicable disease benefit. Currently, federal employees can use sick leave to care for a family member who health authorities have barred from work because of a communicable illness that could endanger other people at their workplace." (GovernmentExecutive.com)
Federal District Court (S.D. Ohio) Says Requiring Doctor's Note in Three Days Violates FMLA
Excerpt: "The issue is important for employers because FMLA regulations address recertifications, but not requests for less formal confirmations of the reason for an absence." (Mercer)
[Guidance Overview] Government Employer Not Estopped to Deny FMLA Coverage
See item #8 in the newsletter. Excerpt: "The United States Court of Appeals for the First Circuit recently decided a case that presented the question of whether equitable estoppel may be applied against a government employer based upon the employer's oral assurances to the employee of coverage under the Family Medical Leave Act." (Cypen & Cypen)
[Guidance Overview] FMLA and Equitable Estoppel (PDF)
4 pages. Excerpt: "Since its passage in 1993, employers have diligently attempted to incorporate the Family and Medical Leave Act's regulatory scheme into the workplace compliance regimen, only to be tripped up on some final and technical requirement that lands them in the courthouse." (Law360 via Haynes and Boone LLP)
Sick Kids Add to Workplace Anxiety
Excerpt: "A recent study shows that parents of disabled or chronically ill children suffer physical and mental-health problems that increase absenteeism. Experts recommend family-leave and alternative programs as well as more communication about company benefits." (Human Resource Executive Online)
[Guidance Overview] FMLA Eligibility Notice and Designation Forms
Excerpt: "Revised FMLA regulations, which took effect January 16, include a new two-step process for employer-provided FMLA notices to employees. Upon receiving a request for FMLA leave, an employer must first issue a notice of eligibility informing the employee of his or her general eligibility for leave. Second, the employer must determine whether an eligible employee's request for leave will be designated as FMLA leave. These two steps and their requirements are discussed in more detail [in the target document]." (Faegre & Benson)
[Guidance Overview] Recent Legislation and Regulations Require Changes to Health and Welfare Benefit Plans
Excerpt: "Congress and federal regulatory agencies have been busy enacting legislation and proffering guidance which implements many new requirements for group health and welfare benefit plans. Many of the changes will require thoughtful action on the part of administrators and sponsors of group health and welfare benefit plans. This brief outline of current health and welfare compliance developments is not intended to be exhaustive, but rather serves to illustrate the depth and breadth of changes facing plan sponsors now and in the coming months." (Littler Mendelson P.C.)
U.S. Senate Bill Plugs FMLA Hole
Excerpt: "U.S. Senator Patty Murray (D-Washington) has introduced legislation plugging a hole in the Family and Medical Leave Act (FMLA), which has kept airline pilots and flight attendants from being eligible for unpaid leave. A Murray news release said The Airline Flight Crew Technical Correction Act provides that pilots and flight attendants are eligible by virtue of their work hours for FMLA-provided 12 weeks of unpaid leave time each year." (PLANSPONSOR.com; free registration required)
Leave Benefits in the United States (PDF)
24 pages. Excerpt: "Currently, there are few federal statutes that pertain directly or indirectly to employer provision of leave benefits for any purpose. This report begins by reviewing those policies, including the Pregnancy Discrimination Act and the Family and Medical Leave Act. Temporary Disability Insurance (TDI) programs, which five states have established to compensate for lost wages while workers are recovering from nonoccupational illnesses and injuries, are discussed as well. So too are the California and New Jersey family leave insurance programs, which essentially extend the TDI programs of the two states to employees caring for family members. The report then examines the incidence of different types of paid leave that U.S. employers voluntarily provide as part of an employee's total compensation (wages and benefits). . . . The report closes with results from a federal government survey of the average direct cost to businesses of different types of leave." (U.S. Congressional Research Service)
The Healthy Families Act Mandates at Least 56 Hours of Paid Sick Leave (PDF)
Excerpt: "As a central component in the Democratic Congress' 'family friendly' agenda in prescribing workplace flexibility and broad employer-provided paid leave mandates -- the 'Healthy Families Act' (HFA) (H.R. 2460/S. 1152) -- has been reintroduced by Rep. Rosa DeLauro (D-CT) and Sen. Edward Kennedy (D-MA). This expansive mandate would require employers to provide 56 hours of paid sick leave per year. The bill contains minor improvements over the previous version of the legislation but is more expansive in some areas, most notably by requiring paid sick leave be provided to all employees." (HR Policy Association)
[Guidance Overview] New Jersey Employees Now Eligible to Receive State Benefits Under New Jersey Family Leave Insurance Program
Excerpt: "Now that the commencement date for the Family Leave Insurance Program (the Program) has arrived, New Jersey employers should confirm that their employee handbooks, policies, and procedures dealing with employee leaves and benefits properly address the Program. Employers should also confirm that they are in compliance with the Program's mandatory wage deduction and employee notice requirements." (Morgan, Lewis & Bockius LLP)
[Guidance Overview] Wisconsin FMLA Leave Rights Broadened To Include Domestic Partnerships, Effective June 30, 2009
Excerpt: "On June 29, 2009, Governor Doyle signed the Wisconsin budget into law . . . . The Budget contained provisions which extend the Wisconsin Family and Medical Leave Law ('WFMLA') to domestic partners. There are two categories of domestic partner recognized by the Budget . . .: registered and unregistered. WFMLA leave rights for registered and unregistered domestic partnerships become effective on June 30, 2009. However, WFMLA leave rights for registered domestic partners will not be available to exercise until August 1, 2009, the date domestic partners may begin registering in the State of Wisconsin." (Michael Best & Friedrich LLP)
The Push for Time Off Work Gains in Many States
Excerpt: "Governors in Colorado and Nevada signed laws within the past month that give employees unpaid leave for school-related events, becoming the first states to do so in a decade. Wisconsin lawmakers will take up similar legislation this fall. Lawmakers in roughly a dozen other states are debating measures that would require employers to grant paid family or sick leave; President Barack Obama campaigned in support of such laws last year." (The Wall Street Journal)
Recession Likely to Cause New Jersey Workers to Forgo Paid Leave
Excerpt: "Heralded as a victory for workers' rights and criticized as a potential drain on businesses, a law making New Jersey the second state in the nation to provide paid leave to care for new children or ailing relatives takes effect Wednesday. But the measure is not expected to dramatically alter the workplace right away, its champions and opponents agree. One reason: the recession." (New Jersey On-Line LLC)
[Guidance Overview] Employers Must Provide Paid Leave to New Jersey Employees Effective July 1, 2009
Excerpt: "The Paid Leave Act entitles covered employees taking paid leave to receive two-thirds of the employee's weekly pay or a maximum of $524 per week (or $74.85 per day for intermittent leave), whichever is smaller. An employee is covered by the Paid Leave Act if he or she (1) works at least 20 calendar weeks and earns at least $143 per week, or (2) earned at least $7,200 in the prior year." (Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C.)
[Guidance Overview] DOL Clarification of Notice Requirements Under the Family and Medical Leave Act (PDF)
2 pages. Excerpt: "The DOL recently released an opinion letter clarifying employee notice requirements under the Family and Medical Leave Act of 1993. The DOL formally retracted an earlier opinion that allowed employees two business days after learning of the need for unforeseen leave to notify their employers in favor of a rule that generally allows employers to require their employees to follow established call-in procedures." (Buck Consultants)
[Guidance Overview] Managing Intermittent Leave Under the FMLA
Excerpt: "Managing intermittent and reduced schedule leaves can be difficult for employers. When the Department of Labor began the process of revising the FMLA regulations, it received more public comments regarding employees' unscheduled use of intermittent leave than any other topic. Although the final regulations made only a few significant changes in response to these comments, they do offer employers some tools to help manage intermittent and reduced schedule leaves. This article discusses the requirements under the revised regulations that apply to employees and employers when employees take FMLA leave on an intermittent or reduced schedule basis." (Faegre & Benson)
[Guidance Overview] New Colorado Leave Requirements Scheduled to Accompany the Upcoming Fall School Year (PDF)
2 pages. Excerpt: "On June 1, 2009, Colorado's Governor, A. William Ritter, signed into law the Parental Involvement in K-12 Education Act ('Act'). House Bill 09-1057, now codified at C.R.S. ? 8-13.3-101 et seq., takes effect on August 5, 2009, unless a referendum petition is filed before this date. According to the General Assembly Bill Information Office, referendum petitions are rarely filed, meaning employers should plan accordingly to ensure they are prepared to comply with the Act's requirements this fall." (Snell & Wilmer)
Study of Wealthy Countries Shows Only U.S. and Australia Have No Paid Parental Leave Rights for Fathers or Mothers
Excerpt: "[T]he United States has no national policy requiring paid leave for fathers (or mothers); and we lag far behind other high-income economies that provide families, and often fathers specifically, with paid leave from work to actively care for and bond with their children. . . . [Only] the United States and Australia have no paid leave rights for parents; the remaining 19 peer countries offer paid leave to mothers and often fathers, too. For the countries that mandate a minimum amount of paid paternity leave, the benefit ranges from the equivalent of two days (United Kingdom) to seven weeks (Sweden)." (Economic Policy Institute)
Society for Human Resource Management Offers New Approach on Employee Leave
Excerpt: "'It's time to pursue a new approach to this issue absent of rigid, unworkable mandates,' said [the SHRM representative] in concluding her remarks. 'It's time to give employees greater flexibility and to give employers more predictability. It's time to encourage paid leave -- without stifling existing innovative benefits or hindering job creation.'" (Society for Human Resource Management)
SHRM, Democrats Tangle Over Paid Sick-Days Bill
Excerpt: "The HR organization's China Miner Gorman warns that the legislation mandating paid sick days would foist new requirements on employers that could turn out to be as difficult and costly to administer as the Family and Medical Leave Act -- whose 200 pages of regulations she held up at the hearing." (Workforce Management; free registration required)
Last Week's House Committee Hearing on Family and Paid Sick Leave: Some Links
Excerpt: "Last week, the Subcommittee on Workforce Protections of the House Committee on Education and Labor held hearings on paid sick leave and paid family leave. Mike Kruger, a staffer, sends along this note and these links for more info . . . ." (Workplace Prof Blog)
Milwaukee Paid Sick Leave Found Unconstitutional
Excerpt: "On June 12, 2009, the Milwaukee County Circuit Court . . . issued its decision in the Milwaukee Paid Sick Leave Ordinance . . . case. The Court found the Ordinance to be unconstitutional, invalidly enacted, and, consequently, unenforceable. Accordingly, businesses which employ workers in the City of Milwaukee will not have to comply with the Ordinance's mandates. A copy of the decision can be found at http://www.michaelbest.com//files//upload/sick-leave-decision.pdf." (Michael Best & Friedrich LLP)
Hearing on the Family Income to Respond to Significant Transitions Act, and the Healthy Families Act
June 11, 2009. Excerpt: "[The hearing will] examine proposals for expanding workers' access to paid family and sick leave. While more than 80 percent of Americans support having paid sick days, the U.S. is the only country among the 22 nations ranked high in economic and human development that doesn't guarantee paid sick leave to workers. The FIRST Act, H.R. 2339, provides grants to the states to implement and improve their paid family leave programs. Healthy Families Act, H.R. 2460, mandates that businesses with 15 or more employees provide up to 7 days of paid sick days to their employees." (U.S. House of Representatives, Committee on Education & Labor, Workforce Protections Subcommittee)
[Opinion] Workplace Flexibility versus Unpaid Leave
Excerpt: "Rather than relying on costly mandates like the FMLA, the government should consider policies that increase workplace flexibility. For instance, many employees would prefer to receive compensatory time off in lieu of overtime pay, but the Fair Labor Standards Act (FLSA) requires overtime work to be compensated with time-and-a-half cash wages. This means that employees who work extra hours one week are unable to offset those hours with comp time in a subsequent week. Since the 1970s, federal and state employees have been allowed to substitute comp time off in lieu of overtime wages. Private sector workers should have similar options." (National Center for Policy Analysis)
[Guidance Overview] Paid Parental Leave Passes House of Representatives
Excerpt: "The U.S. House of Representatives [on Thursday June 4] took a significant step toward improving paid parental leave benefits for federal employees who are new parents. The Federal Employees Paid Parental Leave Act of 2009 (H.R. 626), which passed the House this evening by a 258 to 154 vote, responds to the needs of tens of thousands of working families in the federal government by providing four weeks of paid parental leave for the birth, adoption, or fostering of a child." (U.S. House of Representatives, Committee on Oversight and Government Reform)
Mandatory Employee Sick Leave Legislation Introduced in House of Representatives (PDF)
2 pages. Excerpt: "The current bill would require employers with at least 15 employees to allow workers to earn at least 1 hour of paid sick leave, to be used for specific purposes, for every 30 hours worked . . . . Notably, then-Senator Obama supported the Healthy Families Act during the 110th Congress, which increases the likelihood that the current version of the bill will receive serious consideration. Rumors from Capitol Hill are that there seems to be momentum on this issue, which is likely to increase if health reform efforts stall." (Miller Chevalier)
[Guidance Overview] Fitness-for-Duty Certification Under the FMLA
Excerpt: "A fitness-for-duty certification may be required only when the employer has a uniformly-applied policy that requires all similarly situated employees (i.e., same occupation, same serious health condition) to provide a fitness-for-duty certification as a condition of reinstatement. Further, a fitness-for-duty certification may be required only when the need for FMLA leave is based on the employee's own serious health condition. Finally, the employer may seek certification only for the condition that necessitated the leave." (Faegre & Benson)
[Guidance Overview] Maryland General Assembly Amends and Clarifies Key Terms in the Maryland 'Flexible' Leave Act
Excerpt: "Based on concerns brought forth by the business community, the Maryland General Assembly overwhelmingly voted to revise and clarify key terms in the Maryland Flexible Leave Act (MFLA), which was originally signed into law on May 22, 2008. As an emergency measure, the amended Act became effective on May 19, 2009, the date on which the Governor signed it. The MFLA generally entitles employees to use any accrued personal paid leave for the illness of an immediate family member. The purpose of the amendments to the MFLA is to provide specific definitions of key terms that had previously been undefined. The new law contains definitions of significant terms referenced in the MFLA, such as 'employee,' 'employer,' 'child,' 'parent,' 'leave with pay' in addition to clarifying under what circumstances an employee is entitled to paid leave." (Littler Mendelson P.C.)
State of Washington Delays Paid Family Leave Mandate
Excerpt: "Washington Gov. Chris Gregoire has signed legislation that delays implementation of a 2007 law giving employees up to five weeks of paid leave after the birth or adoption of a child. The measure, S.B. 6158, that Gov. Gregoire signed Monday delays the effective date of the paid leave mandate to October 2012 from October 2009. The delay will give lawmakers more time to identify a funding source for the program in which employees would be eligible for up to $250 a week of paid leave for up to five weeks a year after the birth or adoption of a child." (Business Insurance)
[Guidance Overview] '2-Day Rule' for FMLA Notice No Longer Applies
Excerpt: "Unless it is an emergency, an employee who becomes aware of the need for FMLA leave less than 30 days in advance is generally expected to provide notice of the need for leave the same day (where the need is discovered during work hours) or the next business day (where the need is discovered after work hours), according to the Department of Labor. Therefore, it generally should be practicable for the employee to give notice within the time limits prescribed by the employer's call-in or notice policy." (Deloitte via BenefitsLink.com)
[Guidance Overview] Recent FMLA Case as Reminder to Employers About Importance of FMLA Policy
Excerpt: "In the Illinois case, based on the fact that the employer had fewer than 50 employees within 75 miles of the employee's worksite, the employer moved to dismiss the FMLA claim. The court denied the claim, focusing on two things. First, the court focused on the section of the company's employee handbook which discussed eligibility for FMLA leave. It provided only that, 'Employees who satisfy all of the following requirements are eligible for FMLA leave: The employee has actively worked for the company for at least 12 months as of the first day of FMLA Leave. The 12 months need not be consecutive;' and 'The employee has worked at least 1,250 hours?during the 12 month period immediately preceding the first day of FMLA leave.' The handbook did not include a reference to the '50/75' rule. In addition, representatives of the employer told the employee that she could have FMLA leave for the birth of her child." (Poyner Spruill LLP)
Bill Would Guarantee Up to 7 Paid Sick Days for American Workers
Excerpt: "A long-stalled effort to guarantee American workers paid sick days takes a big step forward Monday with the introduction of legislation by Congressional Democrats. . . . Business groups are vowing to block the legislation, arguing that the recession makes this an inopportune time to create a new mandate that they say would raise costs for employers." (The New York Times; free registration required)
Paid Sick Days Bill Reworked as Groups Start Dialogue on Flexibility
Excerpt: "Legislation that would ensure paid sick leave for American workers has been modified because of employer concerns about the way that time off was provided in a previous version of the bill, according to Capitol Hill staff and advocates. Under the measure, which will be introduced within days, employees would earn one hour of paid sick time for every 30 hours they work up to a total of 56 hours -- or seven days -- annually, said Karen Minatelli, director of work and family programs at the National Partnership for Women and Families." (Workforce Management; free registration required)
[Guidance Overview] New Jersey DOL Issues Regulations on Family Leave Insurance Benefits (PDF)
4 pages. Excerpt: "The New Jersey Department of Labor and Workforce Development recently issued final regulations on the state's new paid family leave insurance benefits. The New Jersey paid family leave law, which took effect January 1, 2009, allows eligible employees to receive qualifying leave benefits beginning July 1, 2009. This law impacts virtually all New Jersey employers." (Buck Consultants)
State of Washington to Delay Paid Parental Leave Implementation
Excerpt: "Washington state's paid parental leave law won't take effect this October as originally scheduled since lawmakers have postponed the effective date for three years (SB 6158). The law will provide employees with partial wages of up to $250 per week while taking up to five weeks of leave from work to bond with a new child. In January 2008, a legislative task force on funding options recommended state funding without any initial employer financing. However, lawmakers have yet to determine a funding mechanism." (Mercer LLC)
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