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News

All News > FMLA and Other Leave

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Requirements for COVID-19 Paid Leave Are Dwindling
Society for Human Resource Management [SHRM]; membership may be required to view article Link to more items from this source
[Guidance Overview]
Jan. 30, 2023

"States and localities are backing off their requirements that employers give paid leave to workers with COVID-19 after death and hospitalization rates have fallen dramatically since the height of the pandemic."

Tags: Coronavirus (COVID-19)  •  FMLA and Other Leave  •  Local Regulation

Michigan Appeals Court 'Undoes' Lower Court's 'Undoing' of What Legislature 'Undid' Concerning Paid Leave Standards
Littler Link to more items from this source
Jan. 30, 2023

"Some employers may have prepared to revise their wage and paid leave policies and practices but held off on rolling out those changes pending a decision from the appellate court. Employers that did so should not fill their trash bins with all that hard work just yet, because if the decision is appealed, the state supreme court could disagree with the appellate court and revert to the laws as envisioned by the ballot measure drafters." [Mothering Justice v. Michigan, No. 362271 (Mi. Ct. App. Jan. 26, 2023)]

Tags: FMLA and Other Leave  •  Local Regulation

Michigan Appellate Court Upholds Existing Paid Sick Leave Law
Miller Johnson Link to more items from this source
Jan. 27, 2023

"[T]he Michigan Court of Appeals reversed a lower court's July 2022 decision that had found the 2018 state legislature's 'adopt and amend' strategy violated the state constitution. As a result, Michigan employers will not be required to ... expand their paid sick leave policies." [Mothering Justice v. Michigan, No. 362271 (Mi. Ct. App. Jan. 26, 2023)]

Tags: FMLA and Other Leave  •  Local Regulation

Michigan Employers Are on the Earned Sick Time Clock
Dickinson Wright PLLC Link to more items from this source
[Guidance Overview]
Jan. 26, 2023

"If not further delayed or voided, the Michigan Earned Sick Time Act will require all employers in Michigan to provide at least 72 hours of sick leave to every employee in Michigan (including exempt, non-exempt, full-time, part-time, occasional, temporary, etc.) For 'small employers' (with fewer than ten employees), at least 40 of those 72 hours must be paid, and 32 hours may be unpaid. All employers with ten or more employees, all 72 hours must be paid."

Tags: FMLA and Other Leave  •  Local Regulation

State-Mandated Disability and Paid Family and Medical Leave in 2023
Sequoia Link to more items from this source
[Guidance Overview]
Jan. 25, 2023

"[A table outlines] updates to the state-mandated STD and PFML rates and model posters/notices available at the time of this article."

Tags: FMLA and Other Leave  •  Local Regulation

The Impact of Paid Family Leave on Families with Health Shocks
National Bureau of Economic Research [NBER]; purchase required for full document Link to more items from this source
Jan. 25, 2023

"This paper analyzes the impact of paid family leave (PFL) policies in California, New Jersey, and New York on the labor market and mental health outcomes of individuals whose spouses or children experience health shocks.... PFL access leads to a 7.0 percentage point decline in the likelihood that the (healthy) wives of individuals with medical conditions or limitations who experience a hospitalization or surgery report 'leaving a job to care for home or family' in the post-health-shock rounds."

Tags: FMLA and Other Leave  •  Local Regulation

Looking Ahead to 2024: Illinois to Require Paid Leave for Any Reason
Smith, Gambrell & Russell, LLP Link to more items from this source
[Guidance Overview]
Jan. 24, 2023

"[C]overed employers in Illinois should start preparing now by reviewing the paid leave policies currently in place. Employers with any type of paid leave policy providing at least 40 hours of paid leave are not required to modify their policy, so long as the employee, at their discretion, can take paid leave for any reason."

Tags: FMLA and Other Leave  •  Local Regulation

DOL Guide for Health Care Providers: Family and Medical Leave Act Certification of a Serious Health Condition
Wage and Hour Division [WHD], U.S. Department of Labor [DOL] Link to more items from this source
[Guidance Overview]
Jan. 23, 2023

"Health care providers can be important allies in helping employees obtain the necessary job protections afforded by the FMLA by timely and accurately completing requests for certification. This flyer outlines what health care providers need to know about FMLA and the steps they can take to make sure patients’ and family caregivers’ employment is protected during serious illness."

Tags: FMLA and Other Leave

DOL Guide for Employees: How to Talk to Your Employer About Taking Time Off for Family and Medical Reasons
Wage and Hour Division [WHD], U.S. Department of Labor [DOL] Link to more items from this source
[Guidance Overview]
Jan. 23, 2023

"This guide provides information on how to talk to your employer about taking job-protected leave for family or medical reasons under the FMLA. In this guide, you'll find information on: [1] Things to know as you think about FMLA leave; [2] When to let your employer know you might need FMLA leave; [3] Talking to your employer about FMLA leave; [4] Things you don't have to tell your employer; [5] What your employer must tell you about FMLA leave; [6] How to reach [DOL] if you need help."

Tags: FMLA and Other Leave  •  Health Plan Information for Employees

DOL Guide for Employees: Workplace Protections for Individuals Impacted by Cancer
Wage and Hour Division [WHD], U.S. Department of Labor [DOL] Link to more items from this source
[Guidance Overview]
Jan. 23, 2023

"If you or a loved one has cancer, workplace protections including job protected leave and protection from discrimination help ensure you can prioritize the time and care needed for recovery without worrying about job security.... In this guide, you'll find more information on: [1] Taking time off from work for cancer treatment, recovery and care; and [2] Protections against discrimination."

Tags: FMLA and Other Leave  •  Health Plan Information for Employees

Washington State Paid Family Medical Leave Program Premium Rate Increase for 2023
Jackson Lewis P.C. Link to more items from this source
[Guidance Overview]
Jan. 23, 2023

"Beginning on January 1, 2023, the Washington Paid Family & Medical Leave Program's 'total premium' rate rose to 0.8% from 0.6%.... Employers with 50 or more people employed will pay at least 27.24% of the total premium, which would require their employees to pay 72.76% of the total premium."

Tags: FMLA and Other Leave  •  Local Regulation

Sixth Circuit: Only One Notice Required for Intermittent FMLA Leave
The Wagner Law Group Link to more items from this source
Jan. 20, 2023

"The Sixth Circuit then ruled that, regardless of whether FMLA leave is to be continuous or intermittent, an employee need only provide notice to the employer one time for each qualifying reason. However, the employee must advise the employer as soon as practicable if dates of scheduled leave were initially unknown." [Render v. FCA US LLC, No. 21-2851 (6th Cir. Nov. 16, 2022)]

Tags: FMLA and Other Leave

Washington CARES Deductions to Start July 1, 2023
Davis Wright Tremaine LLP Link to more items from this source
[Guidance Overview]
Jan. 19, 2023

"Washington State's Long-Term Services and Supports Trust Program (now called 'WA Cares') ... is again set to go into effect on July 1, 2023. WA Cares will require employers to withhold a payroll tax equal to .58 percent of certain employee wages unless the employee has provided a state-issued letter of exemption to their employer prior to July 1."

Tags: FMLA and Other Leave  •  Local Regulation

Paid Leave for Any Reason Is Coming to Illinois
LaborSphere, a blog by Drinker Biddle Link to more items from this source
[Guidance Overview]
Jan. 19, 2023

"The bill ... would require nearly all employers with one or more employees working in Illinois to provide paid leave. Leave would begin to accrue on January 1, 2024 ... [C]overed employers could impose a 90-day waiting period before leave may be used. With limited exceptions, all employees would be eligible to accrue leave[.]"

Tags: FMLA and Other Leave  •  Local Regulation

California and Illinois Require Bereavement Leave
Vorys Link to more items from this source
[Guidance Overview]
Jan. 19, 2023

"California now makes it unlawful for employers to refuse to grant eligible employees up to five days of bereavement leave. This leave is separate from any leave required by the California Family Rights Act (CFRA).... The existing [Illinois] Child Bereavement Act was renamed the Family Bereavement Leave Act and expanded to include the death of a child, stepchild, spouse, domestic partner (whether recognized by law or designated as such by the employee), sibling, parent, in-law, grandparent, grandchild or stepparent."

Tags: FMLA and Other Leave  •  Local Regulation

Vermont to Launch Voluntary Paid Family and Medical Leave Insurance in 2024
Newfront Link to more items from this source
[Guidance Overview]
Jan. 18, 2023

"Vermont will be ... implementing a voluntary paid family leave program as of July 1, 2024.... Similar to the New Hampshire model, Vermont will be contracting with an insurance company to provide paid family and medical leave benefits on behalf of employers who purchase a policy. The VT-FMLI model differs from the more prevalent state mandate structure by offering employers an optional approach to paid family and medical leave."

Tags: FMLA and Other Leave  •  Local Regulation

Illinois Set to Become Third State to Mandate Paid Leave for Any Reason
Littler Link to more items from this source
[Guidance Overview]
Jan. 18, 2023

"A bill likely to be enacted in Illinois will require most employers in the state to provide covered employees with up to 40 hours of paid leave per year. The leave entitlement would begin January 1, 2024, and be available 'for any purpose.' This statewide Paid Leave for All Workers Act would not cover employees receiving paid sick leave under Chicago's or Cook County's sick leave ordinances."

Tags: FMLA and Other Leave  •  Local Regulation

New Illinois Legislation Will Require Private Employers to Provide Paid Leave for Any Reason
Masuda Funai Link to more items from this source
[Guidance Overview]
Jan. 18, 2023

"Illinois employers will be required to provide a minimum of 40 hours, or a pro rata number of hours, of paid leave during a designated twelve-month period to be used for any reason of the employee's choosing. Employees are not required to give a reason for taking leave, and employers will not be permitted to require any documentation or certification of the need to take leave."

Tags: FMLA and Other Leave  •  Local Regulation

Tenth Circuit Upholds Summary Judgment Ruling for United Airlines in FMLA Suit
Hall Benefits Law Link to more items from this source
Jan. 16, 2023

"The court reasoned that United’s policy of using an independent decisionmaker to investigate and terminate employees insulated the company from allegations that the supervisor’s bias led to Parker’s termination. Retaliation requires a causal link between Parker taking FMLA leave and her termination. United broke that causal link by using an independent decisionmaker to determine whether to adopt the supervisor’s recommendation to fire Parker." [Parker v. United Airlines, Inc., No. 21-4093 (10th Cir. Sep. 26, 2022)]

Tags: FMLA and Other Leave

Sixth Circuit Clarifies Notice Requirements for FMLA Intermittent Leave
Frost Brown Todd LLC Link to more items from this source
Jan. 16, 2023

"The court explained the unforeseeable leave regulation 'never mentions intermittent leave.' However, the foreseeable leave regulation includes specific procedures that apply to intermittent leave requests. Based on its interpretation of those two regulations, the court held intermittent leave is a type of foreseeable leave.... The court reiterated employers can establish call-in procedures and may deny FMLA leave if an employee fails to follow them. However, an employee cannot be faulted for failing to comply with such a policy if it is unclear or the employee lacked notice of it." [Render v. FCA US LLC, No. 21-2851 (6th Cir. Nov. 16, 2022)]

Tags: FMLA and Other Leave

Paid Leave for Any Reason Coming to Illinois
Ogletree Deakins Link to more items from this source
[Guidance Overview]
Jan. 13, 2023

"On January 10, 2023, the Illinois legislature passed the Paid Leave for All Workers (PLFAW) Act, making Illinois just the third state in the country (after Maine and Nevada) to require private employers to provide earned paid leave to employees to be used for any reason.... The PLFAW Act will take effect on January 1, 2024, and ... will provide nearly all Illinois workers with a minimum of 40 hours of paid leave, or a pro rata number of hours, during a designated twelve-month period."

Tags: FMLA and Other Leave  •  Local Regulation

Expansion of Paid Leave Laws May Alter Federal Contractors’ Responsibilities
Society for Human Resource Management [SHRM]; membership may be required to view article Link to more items from this source
[Guidance Overview]
Jan. 12, 2023

"Michigan's and Minnesota's legislatures appear to be at the forefront of this initiative, but they are by no means the only states that will see movement in this area in 2023 ... [F]ederal contractors subject to Executive Order 13706 may need a refresher not only on their existing paid leave obligations, but on the interplay with state and local leave laws that may alter or expand their responsibilities."

Tags: FMLA and Other Leave  •  Local Regulation

Colorado FAMLI Act Compliance Required Now
Ballard Spahr LLP Link to more items from this source
[Guidance Overview]
Jan. 12, 2023

"As of January 1, 2023, all Colorado employers are required to post or otherwise provide employees with the state-issued FAMLI Program notice ... and also begin deducting employees' shares of FAMLI Program premiums from employee paychecks, where applicable."

Tags: FMLA and Other Leave  •  Local Regulation

General Reasons for Leave Call-Ins Satisfied FMLA Requirements
Society for Human Resource Management [SHRM]; membership may be required to view article Link to more items from this source
Jan. 11, 2023

"The Family and Medical Leave Act (FMLA) allows employers to establish call-in requirements for employees to use FMLA leave. But an employee's reference to flare-ups, if connected to FMLA certification, may suffice to satisfy call-in requirements." [Render v. FCA US LLC, No. 21-2851 (6th Cir. Nov. 16, 2022)]

Tags: FMLA and Other Leave

Text of GAO Report on Federal Employees Health Benefits Program: Additional Monitoring Mechanisms and Fraud Risk Assessment Needed to Better Ensure Member Eligibility
U.S. Government Accountability Office [GAO] Link to more items from this source
Jan. 10, 2023

"This report identifies, among other things, the extent to which [1] OPM has implemented control activities to identify and remove ineligible family members with FEHB coverage and [2] OPM's fraud risk assessment for the FEHB program includes fraud risks related to ineligible FEHB members." [GAO-23-105222 published Dec 09, 2022, released Jan 09, 2023]

Tags: FMLA and Other Leave  •  Health Plan Administration

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