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New New York City Paid Leave Requirements: What Employers Need to Know

"An expansion of the New York City Earned Safe and Sick Time Act will take effect February 22....[E]mployers in the City will be required to allow employees to use ESSTA leave for these additional reasons: [1] To provide care for a minor child or care recipient. [2] To attend legal proceedings for subsistence benefits or housing. [3] For certain reasons related to a public disaster or workplace violence."

FMLA Decision Has Gems for Employers

"[T]he court noted that an employee's subjective feelings are not in themselves enough to establish a valid claim.... The Second Circuit panel ... found that the employer's failure to provide the notices did not support Patti's interference claim. No prejudice.... The employer said that Patti was doing a lousy job with U.S. clients. Patti disagreed, and said that her contrary opinion was enough to get her FMLA retaliation claim to a jury. But the court correctly noted that her personal opinion was not relevant.... [T]he employer's performance-related feedback had been consistent the whole time -- before, during, and after the FMLA leave." [Haran v. Orange Business Services, Inc., No. 24-2312 (2d Cir. Nov. 25, 2025)]

FMLA Brain Teaser!

"For many years, the employer used a fixed year for determining the amount of FMLA leave an employee was entitled to.... The new TPA decided that it would transition from a fixed FMLA leave year to a rolling 12-month period.... Annabelle claims that changing to the rolling 12-month leave year means that employees who were FMLA-eligible in 2024 may not be FMLA-eligible in 2025.... [Is] Annabelle correct that the employer/TPA violated the FMLA by failing (or refusing) to provide in late 2024 a notice of the changes that would take effect in 2025 and later?"

Who Needs a Written Information Security Plan (WISP) and Why?

"Who needs a WISP? ... [1] Any business that collects, stores, or processes personal information.... [2] Sectors such as health care, insurance, finance, and education have additional federal and state regulations mandating robust information security measures.... [3] Entities reporting data breaches.... Checklist for developing a WISP: Oversight.... Risk assessment.... Documentation.... Legal requirements."

FMLA Leave: What One Employer (Allegedly) Did Wrong

"[1] Don't let employees work while on continuous FMLA leave.... [2] If you want to restructure the position of an employee on FMLA leave (or soon after they've taken FMLA leave), be very, very careful.... [3] If you offer a 'work hardening' program, give the employee a reasonable chance to 'harden.' ... [4] If a 'problem employee' goes out on FMLA leave, don't view the leave as your opportunity to show them the door.... [5] Never forget that your disability accommodation obligations are in addition to, not instead of, your FMLA obligations.' [Kelley vs. Jewish Voice Ministries Int"l, No. 23-0353 (D. Ariz. Oct. 4, 2024)]

Employer's Guide to State Voting Leave Requirements (PDF)

"[A table] summarizes state laws for private employers regarding voting leave for employees.... States with no statute or regulatory provisions applicable to private employers: Delaware, Florida, Hawaii, Idaho, Indiana, Louisiana, Maine, Michigan, Montana, New Hampshire, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, South Carolina, Virginia, and Washington."

FMLA Abuse: What One Employer Did Right

"If an employer honestly believes an employee committed what would be a legitimate ground for termination, and takes action against the employee based on that belief, then the action is not unlawful. This rule applies even if it turns out that the employer was mistaken." [Shipton v. Baltimore Gas and Elec. Co., No. 23-1360 (4th Cir. Jul. 31, 2024)]

District Court Allows ADA Challenge to Wellness Incentives to Stay Alive

"According to the lawsuit, participants in the wellness program got a nice financial 'discount' on their health insurance premiums. Non-participants, including the plaintiffs, were not eligible for the discount.... [T]he plaintiffs argue that the discount for participation is so significant that it makes participation in the wellness program 'not voluntary.' And if participation is not voluntary, then requesting the information is a violation of the ADA." [Diment v. Quad/Graphics, Inc., No. 23-1173 (E.D. Ill. Jun. 11, 2024)]

Windy City Employers: Prepare for a Gust of Additional Changes in Paid Leave Obligations, Starting July 1

"[T]he Illinois Act mandates that all employees receive at least 40 hours of paid time off per year, which can be used for any reason ... [F]or Illinois employers with employees located within the City of Chicago, the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance will double the minimum amount of paid leave that employees must get."

Understanding OCR's Updated Guidance on Health Data Tracking and HIPAA Privacy Rule

"OCR's updated guidance reflects its view that tracking technologies used by regulated entities on user-authenticated webpages and mobile applications generally do collect protected health information, referred to as PHI. Where the new guidance differs, however, is on the information collected via tracking technologies on unauthenticated webpages."

Want to Fire Your Employee for FMLA Fraud?

"Of course, employees do sometimes do get caught ... taking fraudulent FMLA leave ... If it turns out that the employee's activity was consistent with her alleged medical condition and that the activity had been authorized by her health care provider, then the leave is almost certainly not fraudulent. Which means that if you fire without considering these possibilities and conducting an adequate investigation, you could be liable -- in one way or another -- for terminating an employee on a legitimate FMLA leave." [Burnett v. East Tallahatchie School Dist., No. 23-183 (N.D. Miss. Jan. 11, 2024)]

Georgia Update: Voting Leave, No Sunset on Kin Care

"Georgia employers must provide employees with unpaid time off to vote in any municipal, county, state, or federal political party primary or election, either on one of the days designated for advance in-person voting or on the day of the primary or election.... The second change was to repeal the sunset provision in Georgia's sick leave law ... [which] was scheduled to be repealed, or to 'sunset,' effective July 1 ... Effective May 1, the law was amended to remove the sunset provision, so this law is here to stay."

Request for 'FMLA Leave' Is Protected Activity, Court Says

"Even if an employee doesn't qualify for FMLA leave, and even if she doesn't specifically mention 'FMLA,' employers need to be careful to avoid retaliation (or even the appearance of retaliation) based on a request for leave." [Milman v. Fieger & Fieger, P.C., No. 21-2685 (6th Cir. Jan. 25, 2023)]

Get Ready for Paid Time Off for Any Reason, for Illinois Employees in 2024

"For employees to take advantage of the paid leave, they must have been employed for 90 days following the effective date of the law, or 90 days following the start of their employment, whichever is later.... Employers may require employees to provide up to seven calendar days' notice before the paid leave is used if use of the paid leave is foreseeable."  

Sixth Circuit: Suit Based on Notice of Intermittent FMLA Absences Must Go to Trial

"What can employers learn from this case? First, monitor your TPAs. Make sure that the communications they are sending to your employees are comprehensible, and that any instructions are clear, easy to follow, and consistent with your policies and actual practices.... Second, don't be afraid to question or even overrule your TPAs.... Third, beware of being too rigid about FMLA intermittent leave." [Render v. FCA US, LLC, No. 21-2851 (6th Cir. Nov. 16, 2022)]

FMLA 'Interference' Doesn't Require Denial of Leave: Employment and Labor Insider

"According to the panel, a claim for 'interference' under the Family and Medical Leave Act does not require a finding that the employee was actually denied leave. Any words or actions that would discourage an employee from taking leave will be enough." [Ziccarelli v. Dart, No. 19-3435 (7th Cir. Jun. 1, 2022)]

What Employers Need to Know About California's New COVID-19 Paid Sick Leave

"The new law applies to employers with 26 or more employees. Out-of-state employers are covered only if they have at least 26 employees in the State of California.... If the employee, or a family member for whom the employee is providing care, tests positive for COVID, the employee may request up to 40 additional hours of paid sick leave. ... Thus, employees may be entitled to a maximum of 80 hours of paid leave."

Employers Who Would Have Been Covered by the OSHA ETS: What to Do Now?

"[If] you are in a state that requires employers to mandate vaccination or testing, then you will still need to comply with state law.... [If] you are in a state (such as Florida or Texas) that restricts employers' ability to impose vaccination mandates, it's safe to start complying with your state law now.... For everybody else ... [If] you told your employees about the ETS requirements and do not want to impose them now that you don't have to, then you should put together a brief communication to employees saying that, in light of yesterday's Supreme Court decision, you no longer plan to require vaccination or testing for unvaccinated employees."

New York City Council Passes COVID Child Vaccination Leave Law

"When signed by Mayor de Blasio, the legislation will immediately become effective retroactive to November 2 ... The new amendment to the Earned Safe and Sick Time Act requires private employers to provide an employee with up to four hours of paid leave per injection for the child's COVID vaccination."

New York Paid Family Leave Law Expanded to Include Siblings

"The new coverage for siblings that will take effect in 2023 includes biological, adopted, step-, and half-siblings. Under the law, eligible employees receive 67 percent of their pay while on leave, up to a certain cap based on statewide average pay."