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News Items, by Subject

Family and medical leave, incl. FMLA


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Headlines

[Opinion] Paid Family Leave Should Not Come at the Expense of Retirement
"That there is a commitment from both parties on this issue is certainly a step forward. But the parties have different approaches to providing paid leave to their constituents -- and the GOP's proposal poses serious risks for Americans." (The Century Foundation)
New Business Credit for Paid Family and Medical Leave
"To qualify, employers must have a written policy granting at least two weeks annual paid family and medical leave to employees at 50% or more of the employee's normal salary. The policy must grant leave to all qualifying employees who work full-time and be pro-rated for part-time employees. Vacation leave, personal leave, or other medical or sick leave does not meet the criteria and the credit does not apply if state or local laws mandate paid leave." (EisnerAmper)
Delaware, Virginia Enact Paid Family Leave for State Workers
"Beginning April 1, 2019, full-time state workers in Delaware ... will be eligible for 12 weeks of paid maternity or paternity leave after the birth or adoption of a child six or younger. Workers are eligible for the benefit after one year of employment.... In Virginia, Gov. Northam signed an executive order June 26 that authorizes paid parental leave for employees of executive branch state agencies. Eligible workers will be able to take up to eight weeks of paid parental leave to bond with a newborn, or to care for a child under the age of 18 newly placed for adoption, foster care, or custodial care." (Bloomberg BNA)
[Guidance Overview] New York Legislature Approves Paid Family Leave Expansion for Bereavement and Organ Tissue Donation
"If the Governor signs the bill, employees may start utilizing the program for bereavement starting January 1, 2020. The legislature also passed 'The Living Donor Protection Act', which would grant Paid Family Leave Benefits to employees for transplant preparation and recovery from surgery related to organ or tissue donation. If signed into law by the Governor, employees may utilize the paid family leave program for such serious health conditions immediately." (Jackson Lewis P.C.)
Senate Subcommittee Hearing: Examining the Importance of Paid Family Leave for American Working Families
Hearing held July 11, 2018; statements from Committee Members Sen. Bill Cassidy (R-LA) and Sen. Sherrod Brown (D-OH), along with statements from witnesses [1] Sen. Joni Ernst (R-IA); [2] Sen. Kirsten E. Gillibrand (D-NY); [3] Andrew G. Biggs, Ph.D., American Enterprise Institute; [4] Vicki Shabo, National Partnership for Women & Families; and [5] Carolyn O'Boyle, Deloitte Services, LP. (Subcommittee on Social Security, Pensions, and Family Policy, U.S. Senate Committee on Finance)
[Opinion] Paid Family Leave Is an Investment in America's Families -- It Deserves Bipartisan Support
"Social conservatives underscore paid leave as a way to forge more tightly bonded families and protect infants and parents at their most vulnerable. Fiscal hawks recognize the efficiency of increasing workforce attachment and minimizing government dependence. And everyone shares the concern for our country's plummeting fertility rates, now the lowest in history, and the effect that will have on our society and economy at large. If executed responsibly, paid family leave is targeted government action with the right incentives -- designed to increase the independence, health and dignity of our citizens." (The White House)
[Guidance Overview] Sick and Safe Time Leave Reaches Northern Minnesota
"The City of Duluth, Minnesota recently became the third major Minnesota city to enact a local law providing eligible employees with paid leave for sick or safe time absences.... The Ordinance is written to apply to employers with five or more employees nationwide -- regardless of where those employees are located. Employee eligibility, however, is written to tie to how much time an employee spends working in Duluth.... [The] employee eligibility standard differs from the standards set by the Minneapolis and St. Paul sick and safe time ordinances." (Gray Plant Mooty)
Supporting a 'Careforce' (PDF)
"More than one in six U.S. employees are engaged in informal caregiving for a family member ... Caregiving impacts employee absence, work performance and employee health care costs.... Supporting a careforce is about much more than paid leave. This article discusses approaches employers are taking now and might take in the future as they assume the role of caretaker." (Benefits Quarterly, published by the International Society of Certified Employee Benefit Specialists [ISCEBS])
Consider State Laws When Measuring FMLA Eligibility
"The FMLA sets the minimum standards, which means that states can opt to provide more-generous leave options for employees. California, Connecticut, Hawaii, Maine, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington and Wisconsin, as well as Washington, D.C., each have their own family and medical leave laws. Some state laws expand the amount of leave that may be taken or add to the definition of covered family members." (Society for Human Resource Management [SHRM])
[Guidance Overview] Massachusetts Enacts Paid Medical Leave Law
"Beginning in 2021, most employees will be eligible to take up to 12 weeks of protected paid leave ... Employers may apply to the [newly created Department of Family and Medical Leave within the Executive Office of Labor and Workforce Development] for approval to meet their paid family and medical leave obligations through a private plan. In order to be approved as meeting an employer's obligations under this law, a private plan must, at a minimum, confer all of the same rights, protections and benefits provided to employees who receive family and medical leave benefits through the Department." (The Wagner Law Group)
Legislation Would Provide Paid Leave for Federal Civilian Employees Who Have or Adopt a Child for the First Time
"The bill marks the latest of a long string of efforts, thus far unsuccessful, to provide federal workers with paid parental leave. Last year, Rep. Carolyn Maloney, D-N.Y., introduced a bill that would provide six weeks of paid leave to [federal workers who are] new parents, with an option to take an additional six weeks of unpaid leave." (Government Executive)
Get the Most out of Inclusive Paternity Leave
"As you're developing or updating your benefits packages for your employees over the next year, here are three benefits of offering more inclusive paternity leave you'll want to consider. [1] You'll attract and retain more millennials ... [2] You'll improve workplace engagement and satisfaction ... [3] You'll contribute to the good of everyone." (HR Daily Advisor)
[Guidance Overview] Rhode Island's Paid Sick Leave Law Now in Effect
"Beginning on July 1, 2018, or the commencement of employment if later, employees will accrue a minimum of one hour of leave for every 35 hours worked up to the applicable annual maximum. Accrual for exempt employees will be based on a 40-hour workweek or their normal workweek, if shorter." (Conduent)
[Guidance Overview] Massachusetts Governor Signs Law Establishing Paid Family and Medical Leave Program
"The state leave program will be funded through a payroll tax of 0.63% ... split between employers and employees.... Employer and employee contributions will begin on July 1, 2019, with benefit payments beginning on January 1, 2021 for personal medical leave and on July 1, 2021 for family leave benefits. Employers may opt out of the state program if they provide benefits that match or exceed those provided by the state plan." (Mintz Levin)
[Guidance Overview] Massachusetts Enacts New Paid Leave Program
"[C]overed employees may apply for paid leave following the occurrence of a qualifying event. Payment is subject to a one-week waiting period ... Eligible employees may utilize other paid leave, such as sick leave or vacation, during this period. Intermittent leave may be available, except for bonding with a child unless agreed to by both employee and employer." (Littler)
[Guidance Overview] Big Changes Coming for Massachusetts Employers: Paid Family and Medical Leave
"[The law] creates the state's first paid family and medical leave requirement, with the first payouts beginning on January 1, 2021. The leave may be used for bonding with a newborn child (or child placed for adoption) within 12 months of the birth or adoption, as well as a qualifying exigency related to a family member's service in the armed forces. Medical leave is available to care for an employee's own serious health condition or that of a family member. While largely based on the federal [FMLA], the Massachusetts statute is much broader in many respects[.]" (Fisher Phillips)
[Guidance Overview] Revised Seattle Paid Sick and Safe Time Rules Give Employers Limited Time to Comply
"[Washington's Office of Labor Standards (OLS)] has proposed further revisions... [specifically,] a rule concerning what constitutes 'normal hourly compensation' to be used to calculate pay when an employee takes PSST leave.... The PSST rules were adopted on June 4, 2018, giving employers less than one month to review and revise policies and practices, if necessary, by the time the revisions take effect on July 1, 2018." (Littler)
[Guidance Overview] Duluth Diagnosed With Paid Sick Leave; Symptoms Begin 2020
"Duluth joins Minneapolis and St. Paul as the only municipalities in Minnesota to pass such an ordinance. The [Earned Sick and Safe Time Ordinance is scheduled to go into effect on January 1, 2020.... Employers with five or more employees, which is measured by averaging the number of employees per week during the previous calendar year regardless of whether they work in Duluth, must provide paid sick and safe time to their Duluth employees." (Seyfarth Shaw LLP)
[Guidance Overview] Massachusetts Legislature Passes Bill Providing Paid Family and Medical Leave: What Employers Need To Know
"Beginning July 1, 2019, all Massachusetts employers will contribute to the Family and Employment Security Trust Fund at an initial contribution rate of 0.63% of each employee's wages.... Beginning July 1, 2021 ... workers will be able to take family or medical leave and file claims with the Department for medical or family leave benefits" (Seyfarth Shaw LLP)
How Managers Can Drop the Ball and Get Into FMLA Trouble
"[1] They are 'space cases' and fail to recognize the need for FMLA leave. [2] They are 'lazybones'; they are aware that there is a need for FMLA leave but don't alert HR. [3] They are 'oversharers,' telling employees why they think it isn't a good time for leave to be taken. [4] They are jerks to workers who are on FMLA leave. [5] They badger employees on FMLA leave with work concerns. [6] They are trouble-makers, such as managers who bully employees for taking FMLA leave." (Society for Human Resource Management [SHRM])
Questions to Ask When Creating a Paid-Sick-Leave Policy
"[1] Is my business covered? ... [2] Which employees are eligible? ... [3] Who is a 'family member' under paid-sick-leave laws? ... [4] What is safe time? ... [5] How much paid time off must be provided? ... [6] Does more than one law apply?" (Society for Human Resource Management [SHRM])
How Advisers Can Help Employers Navigate Paid Family Leave
"With a strong push for PFL legislation at the national level, state-mandated employee benefits offerings may change drastically in the next few years. Proactively taking the lead on monitoring and updating clients on new regulations passed and providing recommendations on how to remain compliant could help set you apart from the competition." (Employee Benefit News)
[Guidance Overview] Seattle Proposes Revisions to Its Paid Sick and Safe Time Rules: Some Are Controversial
"The rule defining the rate of pay for paid sick leave has been modified and reopened for public comment. As originally proposed, the rate of pay for PSST, known as 'normal hourly compensation,' would have included holiday pay and premium pay. Under the new proposal, the definition of normal hourly compensation will align with state law to include differentials, however holiday pay and premium pay would be excluded." (Davis Wright Tremaine LLP)
[Guidance Overview] IRS Releases FAQs on Paid Family and Medical Leave Credit
"[E]mployers who are interested in utilizing this credit should ensure that they have a written leave policy that satisfies the requirements under section 45S. Employers should also consider what impact claiming the credit for family and medical leave will have on the other deductions and credits the employer is already taking, and employers should only take the credit if they are in a better overall tax position.... Unless Congress passes an extension, the credit will only be available for the 2018 and 2019 tax years." (McDermott Will & Emery)
Administering Employee Benefits Coverage During a Leave of Absence
"[An] employer's policy needs to address what types of leaves of absence are permitted.... For each type of permitted leave under an employer's policy, specific issues related to the provision of benefits need to be addressed.... What benefits are continued and for how long? ... Has the insurance/stop loss carrier agreed to the continuation of coverage? ... What do the applicable plan documents say? ... How will benefits be paid for during the leave? ... When are COBRA requirements implicated?" (Fraser Trebilcock)
[Guidance Overview] Chart of California State and City Paid Sick Leave Laws (PDF)
The state has its own rules and so do seven municipalities, with Berkeley and Santa Monica joining the list in 2017. This 12-page chart describes their requirements. (Fox Rothschild LLP)
[Guidance Overview] Rhode Island Releases Final Sick Leave Regs; Effective Date Is Near
"As the state paid sick leave law's July 1, 2018 effective date approaches, the regulations impose additional obligations on various topics -- employer coverage, written policy requirements, sick leave accrual, calculating payment for used sick leave, etc. -- that employers must satisfy for full compliance." (Seyfarth Shaw LLP)
[Guidance Overview] How Beneficial Is the New Paid Leave Tax Credit?
"The paid leave, for tax credit purposes, must be due to taking an FMLA leave. In other words, pay during the leave due to vacation, personal leave, or a medical leave is not considered for credit purposes. For example, if an employer provides a self-funded short-term disability benefit, that wage replacement is disregarded. Similarly, any paid leave required under state or local law is disregarded for purposes of the federal tax credit.... Even employers not subject to FMLA (e.g., have fewer than 50 employees) may still qualify for the tax credit.... The tax credit is calculated as a percentage of the wages paid to an employee while on family or medical leave." (Miller Johnson)
Mom, Dad, and the FMLA: What Co-Worker Spouses May Need to Know
"[F]ederal law allows employers of co-worker spouses to limit to a combined 12 weeks the amount of leave they may take for the birth of a child and to bond with a newborn. Typically, 12 weeks is the amount of time off every individual worker covered by the [FMLA] may use over a 12-month period.... That quirk for co-worker spouses, however, means if mom takes 12 weeks of FMLA leave, dad may get none. Or if dad takes 4 weeks, mom may only get eight." (Bloomberg BNA)
[Guidance Overview] Duluth Joins Twin Cities in Enacting Paid Sick and Safe Time Law
"The ordinance applies to private employers with five or more employees, regardless of whether employees work in Duluth. Unlike the law in St. Paul, an employer is not required to be physically located in the city. Contrary to Minneapolis, Duluth does not impose an unpaid leave requirement on 'small' employers ... Unlike the Minneapolis and St. Paul laws, the ordinance does not contain an express anti-interference or an anti-retaliation provision, though anti-retaliation protections are implied in the notice employers must provide employees." (Littler)
[Guidance Overview] Rhode Island Healthy and Safe Families and Workplaces Act: What Employers Need to Know Now
"On July 1, Rhode Island joins its neighbors, Connecticut and Massachusetts, in requiring certain employers to provide paid sick and safe time leave to their employees.... Employers with fewer than 18 employees ... are required to provide unpaid sick leave to their employees. Employers with 18 or more employees will have to provide paid sick leave.... The Act applies to out-of-state employers that have employees who primarily work in Rhode Island." (Nixon Peabody LLP)
[Guidance Overview] State of Washington's Paid Family Leave Is Coming in 2019
"[E]ligible employees will be entitled to paid leave up to 12 weeks for their own serious health condition (medical leave) or for family care (family leave), up to 16 weeks combined family and medical leave, and up to 2 additional weeks for certain pregnancy complications. Starting on January 1, 2019, employers must begin remitting premiums and submitting quarterly reports for PFML. Starting January 1, 2020, employees may begin taking PFML leave." (Davis Wright Tremaine LLP)
New York City and New Jersey Paid Sick Leave Updates
"Next steps for employers with employees in New York City: [1] Revise your New York City sick time policy if necessary. [2] Provide written notice to employees by June 4. [3] Train supervisors on acceptable uses for safe time off. [4] Keep records proving that notices were distributed in a timely manner." (ABD Insurance & Financial Services)
DOL Provides Updated Expiration Date on Model FMLA Notices
"[F]resh forms -- now sporting a June 30, 2018, expiration -- are now available from the DOL. Aside from the one-month expiration extension, no other changes have been made to the forms." (HR Daily Advisor)
[Guidance Overview] Duluth, Minnesota Enacts Paid Sick Leave Law
"The Ordinance will apply to employers with five or more employees nationwide. Covered workers in the city of Duluth will be entitled to accrue one hour of paid sick leave for every 50 hours worked, up to a total of 64 hours per year, though use of sick leave may be capped at 40 hours per year. Where such an accrual method is used, employees must be permitted to carry over up to 40 hours of unused sick leave for immediate use in the following year." (Proskauer)
[Guidance Overview] Fog Lifts on San Francisco's New Paid Sick Leave Rules
"[U]pdated rules will take effect on June 7, 2018.... [If] an employee is jointly employed, and at least one employer is covered by the PSLO, each employer must comply with the PSLO. The rules follow California law to determine if an employee is jointly employed.... [J]oint employment can occur when an employer uses a temporary staffing agency, leasing agency, or professional employer organization.... [A] 'controlled group of corporations' ... is considered to be a single employer under the PSLO." (Seyfarth Shaw)
Case Study: Employer Struggled with PTO Policy, Then New York's Family Leave Law Upped the Stakes
"Northwell Health already struggled with how to avoid disrupting patient care when its employees took paid time off.... But when New York's mandated paid family leave -- which gives full- and part-time employees eight weeks of paid time off to care for a sick relative or bond with a new child after birth or placement for adoption or foster care -- went into effect Jan. 1, it furthered the concern even more for the largest healthcare provider in New York state." (Employee Benefit News)
[Guidance Overview] The DOL's FMLA Forms Are Expiring -- Are Employers Still Required to Use Them?
"The DOL's model FMLA forms and notices are about to turn into the proverbial pumpkin come midnight this Friday, June 1, 2018.... Earlier this year, DOL filed an extension request with OMB to renew the forms without any proposed changes. In the event that OMB does not finish its review of the proposed forms by the deadline, it will automatically extend the expiration date of the forms on a month-by-month basis. As OMB extends the deadline on a month-by-month basis (until it completes its review), DOL will do the same and change the date on its forms every 30 days until OMB has had its say." (FMLA Insights)
[Guidance Overview] Amended New York City Earned Sick Time Law Requires Prompt Action by Employers
"The amended law took effect May 5, 2018, but the Department of Consumer Affairs only recently published the revised notice relating to Earned Sick Time Act and announced that the new notice must be distributed to employees by June 4, 2018.... To demonstrate compliance with the City's deadlines, employers will be required to retain records proving that they distributed the new policies and notices to current and new employees by June 4, 2018." (Hodgson Russ LLP)
New Jersey Mandates Paid Sick/Safe Leave for Workers
"Starting on October 29, all New Jersey employers must provide one hour of paid sick leave for every 30 hours worked, up to 40 hours per year. The PSSL law prohibits localities from adopting their own paid sick leave laws going forward. Multistate employers may want to establish one leave policy that satisfies all (or most) requirements in their jurisdictions." (Willis Towers Watson)
The State-by-State Who, What, and Where of Mandated Paid Sick Leave
"In most of the 12 states or jurisdictions that require private employers to provide paid sick leave, companies must offer up to 40 hours of sick leave in a year. The laws cover businesses of all sizes, and full-time, part-time, and temporary workers.... Here's a closer look at who is covered, who is exempt, and how much leave is required in each state." (Bloomberg BNA)
[Guidance Overview] New York City Earned Sick Time Act Updates Take Effect: New Policies and Notices to Employees Required
"The new law allows employees to use paid time off under the law for 'safe time' in addition to sick time.... Employees can use safe/sick time not only for their own needs, but also if their family member needs care or is the victim of certain offenses.... The 'Notice of Employee Rights' issued by the NYC Department of Consumer Affairs (DCA) ... has been updated to reflect the recent changes.... [T]he law requires that all employees, even those who have previously received a Notice, receive the updated Notice by June 4, 2018." (FordHarrison)
Failure to Renew FMLA Request Leads to Dismissal of Claims
"[The court] found that the plaintiff's performance had been declining before her discharge and that the plaintiff had not renewed her intermittent FMLA leave request after 12 months expired, even after the school district warned her that her leave was ending." [Feistl v. Luzerne Intermediate Unit, No. 14-0491 (M.D. Pa. April 6, 2018)] (Society for Human Resource Management [SHRM])
[Guidance Overview] Rhode (Island) Rage: New Paid Sick and Safe Rules May Frustrate Employers
"Working 50% or more of the time in Rhode Island is not required to establish that an employee is working 'in Rhode Island'; rather, if an employee spends more time working in Rhode Island than in any other state, that employee must be counted toward the 18-employee threshold.... The law specifies that verification and documentation requirements cannot unreasonably burden employees or cause them to incur an unreasonable expense ... HSFWA leave is paid at the same hourly rate, and with the same benefits, an employee normally earns, which cannot be less than the minimum wage." (Littler)
New Hampshire Employers, Are You Ready for Potential Paid Family Leave Law?
"The bill would set up a trust fund with the New Hampshire Department of Employment Security into which employees (not employers) could pay a small portion of their wages. Employees would then be eligible to apply for funds to cover 60% of their pay when they are on FMLA leave." (HR Daily Advisor)
[Guidance Overview] New York City Employers Must Take Immediate Steps to Comply with Expanded Sick Leave Law
"The recent amendments to the Act give employees the right to take safe leave, which can be used to seek assistance or take other safety measures if the employee or a family member is the victim of domestic violence, unwanted sexual contact, stalking or human trafficking. Additionally, the Act broadens the definition of a covered family member." (Fisher Phillips)
How Yearlong Paid Leave Works
"The Bill & Melinda Gates Foundation's benefit for new parents -- 52 weeks of paid leave ... has been a resounding success from a retention and recruiting standpoint, with only two of the 222 participants deciding to leave the foundation to be at-home parents.... Filling the job of someone on parental leave may involve an employee making a lateral move or several people taking on parts of a role." (Society for Human Resource Management [SHRM])
[Guidance Overview] San Francisco Revises Rules for Paid Sick Leave Ordinance
"The [ordinance] applies to employees who perform work in San Francisco. The 2007 rules established a 56-hours-working-in-San Francisco coverage requirement for employees working in the city on an occasional basis. However, the new rules remove 'on an occasional basis' and appear to apply the 56-hour threshold generally." (Littler)
[Guidance Overview] New Jersey Governor Signs Mandatory Sick Leave Bill Into Law
"[T]he Act defines the term 'employer' broadly to encompass any entity that employs workers within the state ... There is no minimum number of employees an employer must employ before being covered by the Act. Employees of temporary help service firms will accrue sick leave based upon their total time worked on assignment with the firm, rather than separately for each client to which they are assigned by the firm." (Nixon Peabody LLP)
[Guidance Overview] IRS Issues FAQs Clarifying New Employer Tax Credit for Paid Family and Medical Leave
"The credit is calculated as a percentage of the wages paid to a qualifying employee while on family and medical leave (up to twelve weeks of leave per taxable year) ... [T]he percentage begins at 12.5% for paid family and medical leave that is 50% of the qualifying employee's normal wages. If the employer provides more than 50% of the employee's normal wages, the rate increases by 0.25% for each percentage that exceeds the 50% wage minimum (up to 25%)." (Trucker Huss)
[Guidance Overview] Seattle Proposes Revisions to Its Paid Sick and Safe Time Rules: Some Are Controversial
"While most of the proposed revisions align with the new state law, there are some key differences that Seattle employers should be aware of, including [1] holiday and premium pay; [2] occasional employee threshold; [3] frontloading; [4] increments of use; [5] written policy requirements; and [6] mandatory size of poster." (Davis Wright Tremaine LLP)
Temp Agencies Moving to Comply with New Jersey Paid Leave Law
"Employees with temporary staffing firms typically work sporadically and with great flexibility off-site. These companies may not have systems in place to track employee hours worked toward paid leave, or paid leave used.... Multistate employers will need to pay attention to the requirements of this law ... Coordination also will be needed to align the staffing agency's policies with a client's policy[.]" (Bloomberg BNA)
Post-FMLA Leave Not Required Under ADA
"The U.S. Supreme Court has declined to review Severson v. Heartland Woodcraft, Inc., which leaves standing a Seventh Circuit Court of Appeals decision concerning the availability of extended leave as a reasonable accommodation under the Americans with Disabilities Act (ADA).... In particular, the Seventh Circuit concluded that leave requests beyond FMLA leave that extend for more than a brief period of time are never required under the ADA." [Severson v. Heartland Woodcraft, Inc., No. 15-3754 (7th Cir. Sept. 20, 2017; cert. pet. denied Apr. 2, 2018)] (The Wagner Law Group)
Next Time Your Employee Requests FMLA Leave, Choose Sincerity with a Touch of Empathy
"The far, far majority of our employees utilize FMLA leave appropriately and for real medical needs.... Be empathetic. The words, 'How can I help you?' can go a long way.... All requests for leave should be treated as a request for a reasonable accommodation.... Train managers to help you achieve the kind of workplace you're trying to cultivate." (FMLA Insights)
[Guidance Overview] New Jersey Passes Laws on Sick Leave and Pay Equity
"[N]ot every employee in New Jersey is entitled to paid sick leave under the Act.... [T]he Act contains an anti-retaliation provision that creates a 'rebuttable presumption' of retaliation if an adverse employment action is taken against an employee within 90 days of engaging in any protected activity under the Act[.]" (Ballard Spahr LLP)
[Guidance Overview] Paid Sick Leave Now Mandatory Throughout the State of New Jersey
"Employers' violations of this sick leave law are treated as wage payment violations, for which penalties, damages, and other remedies are available against the employer. Moreover, employees who prevail in a civil action for violations of their sick leave rights are entitled to liquidated damages and may also be awarded costs and attorneys' fees." (K&L Gates)
[Guidance Overview] Safe and Sick Time Law: New York City Publishes Revised Notice of Employee Rights
"What New York City employers should do now: [1] Replace the prior Notice of Employee Rights document under ESTA with the revised notice under ESSTA, and provide this revised notice to: all new employees going forward, and all current employees by June 4, 2018. [2] Update handbook policies pertaining to sick time to: indicate that time may be taken for 'safe time' reasons, and include the broader definition of 'family member.' " (Epstein Becker Green)
[Guidance Overview] IRS Provides Guidance on Paid Family and Medical Leave Tax Credit
"The IRS intends to release additional FAQs concerning the FMLA Tax Credit to address the following issues: [1] When the written leave policy must be in place. [2] How paid family and medical leave relates to an employer's other paid leave. [3] How to determine whether an employee has been employed for one year or more. [4] The impact of state and local leave requirements. [5] Whether members of a controlled group of corporations and businesses under common control are treated as a single taxpayer in determining the credit." (The Wagner Law Group)
[Guidance Overview] Austin Mandatory Paid Sick Leave Ordinance: The First of Many in the Lone Star State?
"Effective October 1, 2018, all private employers with 16 or more employees must provide 8 days of earned sick time (EST) to employees who work at least 80 hours per calendar year. Employers with 6-15 employees must provide 6 days of EST per year. Employees will accrue EST at a rate of one hour for every 30 hours worked ... Employees may use EST for their own, or a family member's, physical or mental health or preventative care; or for medical attention, services, or legal actions as a result of domestic abuse, sexual assault or stalking." (Polsinelli PC)
Supreme Court's Inaction Establishes That Post-FMLA Medical Leave Is Not Required Under ADA
"The U.S. Supreme Court's decline of a Seventh Circuit appellate decision solidifies that where an employee is medically unable to return to work within a very short time period following a leave of absence, the employer has no additional federal legal obligation to provide additional leave, or hold the employee's job open." [Severson v. Heartland Woodcraft, Inc., No. 15-3754 (7th Cir. Sept. 20, 2017; cert. pet. denied Apr. 2, 2018)] (Seyfarth Shaw LLP)
 
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