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Flexible work time

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Hoping for a Phased Retirement? Don't Count on It
"Only 31% of the employers Transamerica surveyed let their employees shift from full-time to part-time and just 27% allow them to take on positions that are less stressful or demanding so they can glide into retirement.... [Yet] 71% of employers Transamerica surveyed said they believe they are 'aging-friendly' and said they offer opportunities, work arrangements and training and tools needed for employees of all ages to be successful[.]" (Forbes)
Phased Retirement Programs, Although Uncommon, Provide Flexibility for Workers and Employers
"In this report, GAO examines [1] recent trends in the labor force participation of older workers, [2] the extent to which employers have adopted phased retirement programs and what type of employers offer them, and [3] what challenges and benefits, if any, exist in designing and operating phased retirement programs." [GAO-17-536, published and released July 20, 2017] (U.S. Government Accountability Office [GAO])
Caregiving's Impact Growing in Importance to Employers (PDF)
"Caregiving ranks among the top ten employee health and wellness benefits priorities for most employers ... More than three-quarters of employers surveyed agree that caregiving will grow in importance to their companies over the next five years." (Northeast Business Group on Health [NEBGH] and AARP)
When Switching to Unlimited PTO, Coordinate with FMLA
"When switching to unlimited paid time off (PTO) for the C-suite, employers should consider their [FMLA] obligations to ensure that FMLA time off, which is typically unpaid, doesn't become 12 weeks of paid leave, management attorneys recommend. And before unlimited PTO takes effect, employers should decide whether to pay out remaining accrued leave or offer a grace period during which employees can use that accrued leave." (Society for Human Resource Management [SHRM])
What Data Reveals About Unlimited Vacation
"The data proves that on average employees with unlimited PTO plans do in fact take less time off than employees with a set amount of vacation days. This calls for a change in the way HR teams and managers communicate about time off." (Namely)
The 'Gig Economy' Leaves Some Working Americans Financially Vulnerable
11 pages. "The most talked about benefit of of working part-time is flexibility ... Part-time work also allows people to try a few different jobs before deciding what career they want to pursue full-time ... The downside is that most part-time jobs in the U.S. come with no insurance or retirement savings benefits: Only 32% of part-timers say they receive such benefits compared to 87% of full-time workers." (Guardian)
Let's Make an 'I-Deal'? When Employees Want Special Benefit Arrangements
"Employees often try to negotiate with their employers arrangements that take into account their individual needs -- such as asking for more-flexible work hours, a reduced workload, more pay or special training. These arrangements ... are sometimes in the interest of both the employee and employer, especially if such deals make employees more motivated and committed to their jobs.... [Co-workers] are more likely to understand when a company grants nonfinancial benefits because of an employee's personal needs ... Justifying financial rewards, however, is more difficult[.]" (Society for Human Resource Management [SHRM])
More Companies Now Offer a 'Summer Friday' Perk
"42 percent of companies now officially sanction starting the weekend early, a doubling of the percentage who offered the benefit in 2015, when 21 percent of companies said they did so.... As flexible work arrangements have grown and the average office worker is just a text or phone call away, many people already duck out early on Friday afternoons, especially before long holiday weekends. Making it official gives the company a way to plug their generosity without spending much at all." (The Washington Post; subscription may be required)
[Guidance Overview] Is Your California Public Agency Aware of These Lesser-Known Job-Protected Leaves?
"Many public agencies are familiar with the well-known reasons why an employee can take time off of work, such as for paid sick leave, family and medical leave, disability or industrial injury leave, and jury duty leave. However, in California, there are a few 'lesser-known' leaves that often get overlooked. These leaves include School Activities Leave; Leave for Victims of Domestic Violence, Sexual Assault and Stalking; and Leave to Perform Emergency Duties or Attend Related Training." (Liebert Cassidy Whitmore)
The Caregiving Landscape: Challenges and Opportunities for Employers (PDF)
24 pages. "[T]oday more than one in six American workers is a caregiver, a number which will surely increase over time.... Employers face caregiving-related costs resulting from: Absenteeism.... Lost productivity.... Increased healthcare costs.... Recruiting and training new staff costs ... It's been estimated that all these factors combined equal a loss of almost $38 billion each year for employers." (Northeast Business Group on Health [NEBGH])
[Opinion] ERIC Comments on Maryland's Proposed Paid Leave Bills
"Rather than impose additional layers of regulation and costly complexity on companies that are already offering generous paid leave to their workforce, legislators should instead exempt employers from additional regulation if they offer more paid leave days/hours than is required by the law. This approach gets to the heart of the concern that workers in the state are not provided a certain amount of paid leave." (The ERISA Industry Committee [ERIC])
Employers' Perspectives on Delayed Retirement
18 pages. "This [article] examines the employer perspective on how to respond to the needs and desires of older workers to delay or prolong the transition from full-time employment to complete retirement. What factors influence the willingness of firms to retain older workers? Can firms develop transitional employment contracts so workers can shift to new areas, perhaps with less responsibility and lower compensation, while remaining with their career employers?" (Upjohn Institute)
Taking Phased Retirement Options to the Next Level
"Employers have long developed ad hoc arrangements with some older workers who, approaching the end of their careers, are looking to phase into retirement instead of making an abrupt break.... Less clear is whether employers are willing to make such arrangements more widely available to workers throughout their organizations. A study of 14,400 active and 1,600 retired employees ... found that: 55 percent of employees age 55 and older want to retire gradually. Only 27 percent say that their employers offer the ability to wind down by shifting to part-time work as they age." (Society for Human Resource Management [SHRM])
[Guidance Overview] A New Primer on Voting Leave Requirements: Are You Ready for the Elections?
"[V]oter participation in [this year's] elections may be higher than expected. If so, employers may receive more requests for voting leave than they have in prior years. [This] overview of state voting leave laws will arm employers with a basic knowledge of voting leave rights and prepare them for a potential onslaught of leave requests[.]" (Ogletree Deakins)
[Guidance Overview] A New Primer on Voting Leave Requirements: Are You Ready for the Elections?
"[V]oter participation in [this year's] elections may be higher than expected. If so, employers may receive more requests for voting leave than they have in prior years. [This] overview of state voting leave laws will arm employers with a basic knowledge of voting leave rights and prepare them for a potential onslaught of leave requests[.]" (Ogletree Deakins)
Election Time and the Minnesota Voter Leave Law
"For many years, Minnesota law excused employees to go to the polls in the morning before they were to report to work or to leave early if necessary to arrive at the polls before they closed, but did not require that the employee be paid for the time spent voting. The current statute allows employees to be absent from work at any time on Election Day in order to cast their ballots, without a reduction in pay." (Ogletree Deakins)
When Can an Employee Take Leave to Vote?
"The majority of states give employees the right to take time off from work to vote or to serve as an election worker. Many states also require that an employer offer paid leave for the time needed to vote. Moreover, some states require that an employer allow an employee to take the entire day off if the employee intends to volunteer to help administer the election." (Littler)
Employers Weigh in on Telecommuting, Paid Parental Leave and Other Absence Management Trends
"While 90 percent of employers offer some type of paid sick time -- either through a standalone benefit or paid time off (PTO) program -- the benefit doesn't always extend to part-time workers.... Every industry included in the survey reported employees working outside of the office from time to time ... [O]nly 24 percent of employers surveyed offer some form of [paid parental leave], and only 13 percent of those companies provide paid leave for secondary caregivers." (Lockton)
Plan Carefully When an Employee Asks for a Phased Retirement
"[1] Have a written agreement. [2] Have the employee tender a retirement notice with a specific date.... [3] Make a clear statement that the employer is relying on the employee's pending retirement and will take steps to find and groom a replacement. [4] Specify the expectations of duties to be performed.... [5] If the employee is going to begin to lose authority and decision making, be clear about this.... [6] Clearly preserve at will employment." (Warner Norcross & Judd LLP)
Employer-Provided Quality-of-Life Benefits, March 2016
"In March 2016, 54 percent of civilian workers had access to employee assistance programs. In that same period, 41 percent of workers had access to wellness programs, followed by childcare (11 percent), subsidized commuting (7 percent), and flexible workplace (6 percent)." (U.S. Bureau of Labor Statistics [BLS])
Parental Leave Around the Globe: Organizations Expand Policies to Accommodate Needs of Workforce
"[M]ore than one-quarter (29%) of companies worldwide provide adoption leave beyond what is required by law. Furthermore, when asked how they handle adoption leave for same-sex couples, 87% of companies indicate the leave is handled in the same manner as opposite-sex couples." (Mercer)
Employers Offer Flexible Retirement Options to Keep Older Workers
"About 30 percent of large employers -- those with over 1,000 employees -- offer workers some flexible retirement option, whether it is allowing older employees to work part time or in job sharing with colleagues ... Only about 6 percent of large employers have formal phased retirement policies ... 42 percent of employers are considering them this year." (CNBC)
[Opinion] A Sound Starting Block: Why Paid Leave Is a Winning Policy
"Twenty-three years ago [on August 5] the Family and Medical Leave Act went into effect ... Since 1993, the U.S. has only fallen further behind nearly every other nation when it comes to paid maternity leave, and we rank dead last among developed nations when it comes to providing some form of paid leave.... A universal paid family and medical leave program would have countless benefits for our society and economy, and the costs of inaction are steep." (U.S. Department of Labor [DOL] Blog)
How Employers Perceive Older Workers
"Many workers would like to work past age 65 to sure up their retirement finances. Some employers are on board with this, with nearly a third saying they strongly support their employees continuing on the job after age 65 ... However, employees discern the situation differently, with fewer than a quarter saying their employers are strongly supportive of older workers." (U.S. News & World Report)
Department of Defense Gives Phased Retirement Program Green Light, Ending Lengthy Delay
"[A] long-awaited phased retirement program has become a reality, under a directive-type DOD memorandum, released June 21.... Phased retirement program participants must have been full-time employees 'for at least a consecutive 3 year period ending on the effective date of entry into phased retirement status,' and they must obtain consent from a DOD official ... Employees under the phased retirement program are allowed to work 50 percent of the number of hours they were working immediately prior to entering the program[.]" (Bloomberg BNA)
[Guidance Overview] IRS Issues Clarification on Phased Retirement Payments
"The Notice provides that if certain conditions are met, the payments will not be considered amounts received as an annuity for purposes of Code Section 72. This means that, if the employee made after-tax contributions to the plan or otherwise has a basis in his or her benefit, then a portion of the payment will be treated as basis recovery and will be excluded from income using the calculation rules under Code Section 72(e)(8) described in the Notice." (Benefits Bryan Cave)
Labor Force Transitions at Older Ages: Burnout, Recovery, and Reverse Retirement (PDF)
44 pages. "In this paper [the authors] study the effects of wage and health transition processes as well as the role of accrued work-related strain on the labor force participation on older males. We find that a model incorporating a work burnout-recovery process can account for such reverse retirement behavior that cannot be generated by health and wealth shocks alone, suggesting re-entry patterns result in large part from planned behavior.... [R]espondents are more likely to report high levels of job stress as they continue to work when they would have otherwise stopped working, recovered, and re-entered." (Lindsay Jacobs, Federal Reserve Board, and Suphanit Piyapromdee, University College London)
Growing Number of Employers Offering Paid Paternal Benefits to New Dads
"As employees push for more job flexibility ... employers are being very cautious and strategic regarding paid leave, exploring different possibilities.... U.S. employers [may] eventually settle on offering FMLA's 12 weeks of time off as paid leave.... Financial-service companies, investment bankers, technology employers and start-ups have been on board with paid paternal leave for a while ... because it helps attract young talent. But other employers complain that it adds another fixed cost to their overstretched budget." (Human Resource Executive Online)
'Panda Days' and Paid Time Off: What Perks Perk Up Employees
"Perks are essential in attracting and retaining talent, and companies are offering more and more varied perks to hire the very best they can. Nearly 3 in 5 (57%) job seekers reported benefits and perks being among their top considerations before accepting a job ... The perks vary widely, but common themes emerge among the most popular benefits, namely parenting, lifestyle, education or skill building, and cash perks." (OneExchange from Towers Watson)
Puerto Rico Supreme Court Addresses Conditions for Breastfeeding in the Workplace
"On January 25, 2016, the Supreme Court of Puerto Rico held that employers in Puerto Rico should provide a safe, private, and hygienic place for working nursing mothers to extract breast milk during the nursing period as provided under Act No. 427-2000, as amended (Act 427). The Supreme Court further held that, given certain conditions, failure by an employer to provide a safe, private, and hygienic place to extract breast milk may be a constitutional violation of the working mother's right to privacy under the Constitution of Puerto Rico if the working mother's decision to breastfeed her child is affected by the employer's violation of Act 427." (Littler)
Number of Paid Sick Leave Days in 2015 Varies by Length of Service and Establishment Size
"In March 2015, 61 percent of workers in private industry had paid sick leave benefits. About 7 in 10 of those workers received a fixed number of sick leave days each year. Most of the rest received sick leave through a consolidated leave plan, which provides a single amount of time off for workers to use for any purpose. Among those who received a fixed number of sick leave days, the amount varied depending on the employee's length of service and the size of the establishment." (U.S. Bureau of Labor Statistics [BLS])
More Companies May Start Helping Employees Buy Homes
"Facebook ... is offering workers $10,000 or more to move within 10 miles of the company's Menlo Park, Calif., headquarters.... It's a move that has the potential to entice employees to work longer hours while easing the stresses caused by long commutes and the San Francisco Bay area's staggering housing prices.... Why haven't more companies done it? The simple answer has to do with taxes." (Bloomberg)
[Guidance Overview] Colorado Issues New Guidance on 'Use-It-or-Lose-It' Vacation Policies, But Questions Remain
"The [Colorado Department of Labor and Employment's Division of Labor's] new position, issued in the form of Frequently Asked Questions, starts out with what appears to be a solid endorsement of use-it-or-lose-it vacation policies ... The FAQ then narrowed the scope of permissible policies ... Many use-it-or-lose-it policies, as currently written, may run afoul of this enforcement position." (Littler)
IRS Scrutinizes Public Employer PTO Plans
"The constructive receipt doctrine is taking on renewed significance as public employers have created new conversion options for 'extended leave,' retirement accounts, health insurance continuation, and the like, some of which have at least a limited 'cash out' option. But even in situations where the cash option is limited or capped, the IRS is clear that the 'constructive receipt' rule will continue to apply. The IRS is currently conducting an initiative focusing on benefits, and accordingly is increasing its scrutiny of public employer PTO and benefit plans." (von Briesen & Roper, s.c.)
D.C.'s 16-Week Paid Family Leave Plan Would Be Most Generous in U.S.
"The District would become the most generous place in the country for a worker to take time off after giving birth or to care for a dying parent under a measure supported by a majority of the D.C. Council.... [A]lmost every part-time and full-time employee in the nation's capital would be entitled to 16 weeks of paid family leave to bond with an infant or an adopted child, recover from an illness, recuperate from a military deployment or tend to an ill family member. The broad new worker benefit ... would be paid from a fund created by a new tax on D.C. employers." (The Washington Post; subscription may be required)
Attitudes Shift on Paid Leave: Dads Sue, Too
"The cases come against the backdrop of a societal shift in which many fathers are working less and spending more time with their children. A recent Pew Research Center analysis reported that from 1965 to 2011, fathers reduced the number of hours they devoted to paid work to about 37 from 42 each week on average and increased the number of hours they devoted to child care each week to about seven from 2.5." (The New York Times; subscription may be required)
Millions of Employees Don't Get Paid Time Off for Holidays or Vacation
"As Labor Day approaches, about a quarter (24 percent) of private sector workers will not be enjoying a paid day off on Monday. A similar number (23 percent) earn no paid vacation time. While this overall lack of paid holidays and vacation time is quite telling (especially compared to our international peers, who more or less universally mandate paid time off), access to paid time off varies dramatically between workers by their pay." (Economic Policy Institute)
As Workers Delay Retirement, Some Bosses Become More Flexible
"As more workers ... are saying no to a traditional retirement, more employers are informally introducing flexibility into their schedules or allowing employees to step slowly out of the work force with a phased retirement arrangement. It can be a win-win for both. But there are plenty of challenges to overcome. From 1985 to 2014, the rate of participation in the labor force for people 65 to 69 increased to almost 32 percent from about 18 percent, according to the Bureau of Labor Statistics." (The New York Times; subscription may be required)
The Paradox of Unlimited Paid Leave
"Netflix's announcement makes the generous leave policies offered by Facebook, Google, Accenture and Johnson & Johnson -- which offer paid leave for up to four or five months -- pale in comparison. However, the longstanding question about unlimited time-off policies -- whether they're for vacation, health reasons or the birth or adoption of a child -- is that if you leave it to the discretion of employees as to how much time to take, won't they actually end up taking less time (or none at all) than if they were given a set amount?" (HRE Daily)
[Guidance Overview] Philadelphia Paid Sick Leave Law Takes Effect (PDF)
"The new law requires employers with at least 10 employees to provide paid sick leave and smaller employers to provide unpaid leave.... As Philadelphia's sick leave ordinance took effect, the state legislature was considering preempting local leave laws. The state Senate has already passed a bill (SB 333) that would apply retroactively to January 1, 2015 to prevent Pennsylvania municipalities from imposing their own sick leave requirements on businesses." (Buck Consultants at Xerox)
New Jersey Cities Pass Paid-Sick-Leave Laws Despite Governor's Opposition
"Gov. Chris Christie opposes requiring businesses to give workers paid sick days, calling it another onerous regulation that deters companies from investing in New Jersey. That hasn't stopped officials in nine municipalities, including Newark, Jersey City and Montclair, from passing paid-sick-leave laws and enforcing them ... Now the business community is seeking to nullify the ordinances, saying the cities didn't have the authority to act.... Judge Mary Jacobson of State Superior Court is expected to hear a group of state business organizations argue in favor of overturning the benefit in the city of Trenton." (The Wall Street Journal; subscription may be required)
[Guidance Overview] California Labor Commissioner Revises Sick Pay Notice Obligation
"[A]ll new employees hired on or after January 1, 2015, must be given the notice at the time of hire. As to employees who were hired prior to January 1, 2015, the notice must be given within seven days of the date that the sick plan is implemented. Since the deadline for implementation is July 1, 2015, the notice must be given to existing employees by no later than July 8, 2015. The agency has taken the position that even if the employer's existing written paid leave policy or sick leave policy already complies with the new law and will not be changed as a result of the law the employer must still distribute the notice." (Ogletree Deakins)
Paid Time Off, Vacations, Sick Days and Short-Term Caregiving in the United States: 2014 National Study of Employers
"[T]hree major findings emerged from a review of current paid leave options: [1] A greater proportion of nonprofits offer sick days and tend to offer more sick days than for-profit organizations. [2] A majority of employers offer paid leave to their full-time employees, but no more than one third of employers offer paid leave to their part-time employees. [3] Since 2012, fewer employers are offering at least five days to care for a mildly ill child." (Families and Work Institute)
Employee Participation in Wellness Programs and Flexible Work Arrangements is Increasing
"About three-quarters (76 percent) of organizations offered some type of wellness program to employees in 2014, an increase from 70 percent in 2012. Also in 2014, about one-half (52 percent) of organizations provided employees with the option to use flexible work arrangements, such as teleworking.... More than one-half (53 percent) of organizations indicated employee participation in wellness programs increased last year, whereas just under one-third (31 percent) reported increased employee participation in flexible work arrangements." (Wolters Kluwer Law & Business)
How Paid Sick Leave Can Be Healthy for Pensions
"[CalPERS] actuaries assume, when calculating future costs, that service credit for unused sick leave will increase pensions and other benefits by 1 percent for state workers and non-teaching school employees. Actuaries for [CalSTRS], making the calculation in a different way, assume that unused sick leave will increase the service credit for educators by 2 percent. An analysis by the CalSTRS actuary, Milliman, issued in 2010 found that the average amount of unused sick leave converted to service credit was 0.5 years for members retiring after 26 years on the job." (Calpensions)
[Guidance Overview] The Proliferation of Paid Sick Leave in New Jersey
"For the most part, the ordinances [passed recently by six New Jersey municipalities] are consistent and generally model Newark's paid sick leave law, which differs from the Jersey City sick leave law. Now, New Jersey is considering state-wide paid sick leave legislation.... The ordinances apply to all private employers regardless of size, although the amount of paid sick leave time provided to employees varies based upon the total number of employees. An employee is eligible for paid sick leave if he or she works at least 80 hours in a calendar year." (Littler)
[Guidance Overview] New California Sick Leave Law Requires Employers' Immediate Attention
"[In] order to comply with the act, a California employer should.... Determine whether the employer has an employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the commencement of employment, and is therefore entitled to paid sick leave.... Confirm that there are no other local statutes, regulations, or ordinances that require the employer to provide paid sick leave to employees. The act does not 'preempt, limit, or otherwise affect' the applicability of such legislation ... With respect to existing non-exempt employees, ensure that they receive any notice required ... including notice of changes precipitated by the act." [Editor's note: the article recommends 8 additional steps for employers.] (Wilson Sonsini Goodrich & Rosati)
White House Pushes Bill Requiring Paid Sick Leave
"[T]he Healthy Families Act's 56-hour minimum accrual requirement is more demanding than many of the existing state and municipal paid sick leave laws.... The Act expressly states that it will not 'be construed to supersede (including preempting) any provision of any State or local law that provides greater paid sick time or leave rights.' Accordingly, employers subject to an existing paid sick leave law would be required to comply with the most pro-employee aspects of both the Healthy Families Act and the applicable state or local law." (Seyfarth Shaw LLP)
[Opinion] Who Has Paid Sick Leave, Who Doesn't, and What's Changing
"[A]ccording to the U.S. Bureau of Labor Statistics, the jump in access to paid sick leave is at least in part due to more Americans working white-collar jobs.... [F]ull-time management workers [receive] the vast majority of sick leave benefits, leaving service workers and part-timers in the dust. The more you earn, the more likely you are to have paid sick leave.... The paradox is that although white-collar workers are more likely to have paid sick leave, they balk at using it; meanwhile, a whole host of people don't have it and thus couldn't use it even if they wanted to. In the end, all of this means that millions of people are going to work sick, albeit for different reasons and with different repercussions" (Harvard Business Review)
[Opinion] The NCPA Fact Checks Obama's Health Policy Address During the State of the Union
"The president didn't mention that an estimated 100 million workers who have paid sick leave likely don't get seven days annually. He also didn't mention that his own advisor Jonathan Gruber has research showing workers themselves wind up paying the cost of mandatory benefits through lower wages.... The president should have called for expanding Health Savings Accounts (HSAs) to all workers, allowing them to set aside funds for medical needs. The president could have also proposed allowing workers to use HSAs to compensate for income lost to sick days." (National Center for Policy Analysis Health Policy Blog)
Proposal for Paid Sick Leave for Home Health Workers Returns to California Legislature
"[The new bill introduced by Assembly member Lorena Gonzalez (D-San Diego)], AB 11 ..., would revise the Healthy Workplaces, Healthy Families Act of 2014 to include the state's estimated 400,000 home health care workers, giving them a minimum of three days of paid sick leave annually if they work 30 or more calendar days in a year." (California Healthline)
Phased Retirement Can Benefit Workers and Employers
"72% of people older than the age of 50 said they wanted to work. That statistic alone indicates a very high adoption rate if phased option were offered by employers ... Retaining retirement-age workers might not suit all types of companies or all types of employees. However, ... as the definition of retirement is changing, fewer people seem attracted to a traditional retirement without any work." (PLANSPONSOR)
New York Employers Must Provide Unpaid Leave to Volunteer Emergency Responders During Declared Emergencies
"Effective December 22, 2014, New York employers must provide unpaid leave to employees who serve as volunteer firefighters or volunteer ambulance personnel whenever the governor declares a state of emergency.... Employees requesting emergency response leave must provide written documentation from the head of the employee's fire department or volunteer ambulance service notifying the employer of the employee's status as a volunteer emergency responder." (Ogletree Deakins)
[Guidance Overview] Update to Regs under New Jersey Family Leave Act
"Many of the revisions simply corrected typographical errors or clarified language without materially altering the meaning of the regulations. However, there are some substantive revisions as well that include: ... [1] Defining the term 'parent' as 'a person who is the biological parent, adoptive parent, resource family parent, step-parent, parent-in-law, or legal guardian, having a "parent-child relationship" with a child ...'; [3] Defining the term 'family member' to include 'a child, parent, spouse, or partner in a civil union'; [4] Clarifying the definition of 'intermittent leave' to mean 'leave due to a single qualifying reason ... taken in separate periods of time, where each period of leave is at least one workweek'[.]" (Ogletree Deakins)
[Guidance Overview] Massachusetts Becomes the Latest Jurisdiction to Require Paid Sick Leave
"Employers whose current paid time off (PTO) policies satisfy the amended statute's minimum leave and accrual obligations are not required to provide additional sick time in response to the new law. Moreover, employers may require employees to provide documentation from a health care provider for periods of sick time covering more than 24 consecutively scheduled hours of work." (Mintz Levin)
[Guidance Overview] Do You Have California Employees? Action Required by January 1, 2015 to Comply with California's New Paid Sick Leave Law
"The law treats accrual and use differently. Although employees begin to accrue paid sick leave immediately, employers may prevent employees from using their paid sick leave until the 90th day of employment. Employers may also cap the use of paid sick leave to 24 hours (3 days) per year. In other words, although a full-time employee could theoretically accrue a maximum of up to 8.6 paid sick days per year (or 6 days if the employer sets an accrual cap), the employer may cap the employee's use of that time to 3 days per year. Employers may also establish minimum usage blocks of up to 2 hours." (Haynes and Boone, LLP)
California's New Paid Sick Leave Law
"Effective July 1, 2015, this legislation entitles employees to accrue and use up to three paid sick leave days in a 12-month period for the diagnosis, care, or treatment of an existing health condition or preventative care for an employee or an employee's family members. The bill also provides paid sick leave where the employee is a victim of domestic violence, sexual assault, or stalking. This legislation will cover most temporary, extra help, part-time, and seasonal employees, as long as they work 30 days or more within a year of beginning employment." (Liebert Cassidy Whitmore)
Flex Time Doesn't Need to Be an HR Policy
"While only 29% [of men surveyed] had regularly scheduled flextime/flexplace arrangements, 66% stated they can use flex when they need to. This 'as needed' flexibility is actually the preferred work schedule of a plurality of the respondents (as opposed to formal work-from-home days or full-time work from home). 73% were happy with the extent to which they were able to work from home. 78% stated that they were at least somewhat comfortable using flexibility. 62% said their employers encourage the use of flexibility to at least some extent." (Harvard Business Review)
Philadelphia Mayor's Task Force Recommends Mandatory Paid Sick Leave
"The report makes the following recommendations: [1] Employers with 15 or more employees should provide paid sick leave to qualifying employees.... [2] Sick leave should be available to employees for their own injury, medical care, and health conditions, as well as those of family members, including children, spouses, domestic partners, parents, grandparents, grandchildren, and siblings (including foster, step, and in-law relationships).... [3] No compensation should be provided for any earned and unused time at separation from employment.... If Philadelphia adopts these recommendations as law, an estimated 120,000 of the 200,000 workers currently without paid sick leave would become entitled to the new leave." (Ballard Spahr LLP)
[Guidance Overview] California Imposes Mandatory Sick Leave Law
"California's sick leave law requires mandatory paid sick leave accrual measured from July 1, 2015, forward; however, the notice, posting and other requirements are effective as of January 1, 2015. Because this deadline is fast approaching, employers with employees working in California should carefully review their sick and PTO policies, as well as payroll policies for reporting such time on wage statements. Every employer also should review its new-hire procedures and notices, and workplace posting and recordkeeping policies, because California's sick leave law affects each of these items." (McDermott Will & Emery)

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