Headlines about "Family and medical leave, incl. FMLA"
Gathered from the web by the editors at BenefitsLink.com.
[Guidance Overview] Trip Abroad with Ill Husband for Faith Healing Was Not FMLA-Protected Leave, District Court Rules
Excerpt: "An employee's seven-week trip to the Philippines with her husband (who indisputably suffered from a serious health condition), ostensibly so that he could participate in a faith healing event at a Catholic 'Pilgrimage of Healing Ministry,' was not protected under the FMLA, a federal district court in Massachusetts has ruled." (Wolters Kluwer)
[Guidance Overview] Podcast: When Does Additional Leave Beyond FMLA Need to be Granted?
Excerpt: "In the January FMLA Insights podcast, one of the most common inquiries they receive from their clients is how they should handle a situation where an employee has exhausted 12 weeks of FMLA leave and now seeks additional leave (or where his/her return date is still uncertain). [The firm of Franczek Radelet] advises employers to individually assess the employee's need for leave and any return to work issues before deciding to terminate employment. In the podcast, they offer practical tips on how to handle these situations." (Workplace Prof Blog)
[Guidance Overview] Washington State's Domestic Partnership Law Complicates Employee Benefits
Excerpt: "For employers, this means that employment-related benefits must be extended to the registered domestic partners of employees on the same basis as spouses -- that is, unless the benefit is governed exclusively by federal law. FMLA is one such law; ERISA is another. This means that employers subject to FMLA and the corresponding state leave laws (the Washington Family Leave Act, state pregnancy disability laws, and state military leave laws) cannot count against an employee's annual FMLA entitlement any leave that is covered by state law but not FMLA." (OregonReport)
Business, Advocates Spar Over Proposal for Mandatory Paid Sick
Excerpt: "Lawmakers heard hours of heated and conflicting testimony on [January 14] on a proposal to make Maine the first state in the nation to require businesses to offer employees paid sick days." (Bangor Daily News)
First Lady Michelle Obama Promotes Work/Life Balance in Visit to Labor Department
Excerpt: "First lady Michelle Obama urged companies to implement policies that will help their employees better balance work and family obligations during an appearance at the Department of Labor on Thursday, January 14. In an address to about 400 Labor Department employees, Obama also promoted legislation that would guarantee paid sick leave, a measure that has generated concern among HR organizations in Washington." (Workforce Management; free registration required)
Paid Sick Leave at Top of the Agenda After Health Care Reform
Excerpt: "After imposing new costs on employers through the health care legislation, many will question the wisdom of Congress even considering inflicting additional costs with new leave mandates. However, pressure will be brought on several fronts for so-called 'family-friendly' initiatives in an election year." (HR Policy Association)
[Opinion] Paid Sick Days Benefit Employees and Employers
Excerpt: "There's something wrong when workers have to choose between keeping a job and taking care of themselves or their families when someone gets sick. There's something wrong when going to a routine medical appointment or other preventative care could result in a pink slip. There's something wrong when a domestic violence survivor seeking help or services is punished with the loss of her job." (Chillicothe Gazette)
Airline Flight Crews Now Eligible to Take Leave Under the Family and Medical Leave Act
Excerpt: "[The Airline Flight Crew Technical Corrections Act, recently signed into law by President Obama,] makes a flight attendant or pilot eligible for leave under the FMLA if he or she has been paid for or worked a minimum of 504 hours a year and at least 60 percent of the employer's full-time schedule -- called a monthly guarantee -- or the equivalent in the 12 months preceding the leave." (Wolters Kluwer)
Proposed Federal Laws Would Mandate Paid Sick Leave for Employees with H1N1
Excerpt: "Proposed federal laws would require employers to provide paid sick leave to employees infected with flu-like or contagious illnesses, such as the H1N1 virus. Both of the laws, if passed, would take effect 15 days after enactment and would end after two years. There is also pending legislation to require paid vacation." (Poyner Spruill LLP)
[Guidance Overview] Legal Issues Regarding Employee Leave in an H1N1 Pandemic (PDF)
Excerpt: "Employers hit by an H1N1 pandemic could face complex or novel legal issues as employees who contract the illness -- or those who seek to avoid it -- stay home from work. Attorneys . . . analyze questions presented by state and federal laws, including workers' compensation statutesand the Family and Medical Leave Act.[Reproduced by McDermott Will & Emery with permission from Workplace Law Report, 7 WLR 1670, 12/18/2009. Copyright ? 2009 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com]" (The Bureau of National Affairs, Inc. via McDermott Will & Emery)
[Guidance Overview] Airline Flight Crew Technical Corrections Act Eases FMLA Eligibility Requirements for Airline Flight Crew
Excerpt: "Airline employers should take the following steps to comply with the Airline Flight Crew Technical Corrections Act. Carriers should amend their FMLA policies and procedures for pilots and flight attendants to comply with the new requirements for calculating hours of service requirements. Even though many carriers, by contract or policy, have already adopted their practices to allow for family and medical leave for flight crews, they should still review and modify their policies as necessary to comply with the new law and regulations that will be forthcoming." (Littler Mendelson P.C.)
Dependent Care and Workplace Policies in Our Economy
Excerpt: "Phoebe Taubman, a fellow at Equal Justice Works with A Better Balance: The Work and Family Legal Center has written an issue brief for the American Constitution Society, entitled Free Riding on Families: Why the American Workplace Needs to Change and How to Do It. . . . Taubman describes how paid leave, discrimination protection for caregivers, workplace flexibility, and workplace equity would bring our policies up to date with our needs." (Workplace Prof Blog)
Paid Sick Leave Required By Local, State or Federal Law -- Is It Coming?
Excerpt: "Does your company offer its employees paid sick leave? Too expensive? Seen as unnecessary given the company's 'Paid Time Off' policy? Well, here's a head's up: paid sick leave for employees is on the rise and may be coming your way. Efforts to make paid sick leave a right for every worker are gaining ground in city councils, state legislatures and the U.S. Congress." (Troutman Sanders)
Can I Stay Home from Work with My New Baby?
Excerpt: "According to Marcia McCormick, an associate professor at St. Louis University School of Law and an editor of the Workplace Prof Blog, one of the biggest misconceptions about FMLA is that it is paid leave -- it isn't. FMLA only guarantees that your employer holds your position for you for 12 weeks. While some employers offer more generous parental leave plans that include paid time off, they are not legally required to. 'If you do have some kind of paid leave -- like if you have sick leave or vacation leave -- you can opt to substitute some of that paid leave for the unpaid leave,' she says. 'Or, your employer might require you to use your paid leave as part of your FMLA time period.'" (Harpo Productions, Inc.)
[Guidance Overview] Defense Bill Expansion of FMLA 'Qualifying Exigency' and Military Caregiver Leave
Excerpt: "With the passage of the NDAA 2010, the right to take leave for qualifying exigencies has been changed in two important ways. Qualifying exigency leave is no longer limited to family of National Guard members or reservists. Under the new amendments, family members of any regular component of the Armed Forces are eligible for qualified exigency leave. The right to take qualified exigency leave is no longer triggered by a family member being on active duty or called to active duty in support of a military 'contingency operation.' Now, an eligible employee whose spouse, parent or child is a member of the Armed Forces may take FMLA leave for a qualifying exigency related to the fact that they are deployed with the Armed Forces to a foreign country." (McGuireWoods LLP)
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)
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