News Archive

"Under the FMLA, employers may require employees to use accrued PTO, such as vacation leave, personal leave, or sick leave, concurrently with unpaid FMLA leave.... [S]tate leave laws may restrict employers' ability to require the use of accrued PTO during FMLA leave. For example, Massachusetts' Paid Family and Medical Leave Act (PFMLA) prohibits employers from requiring employees to use accrued PTO while on PFMLA leave."  MORE >>

"Colorado, Delaware, Maine, Maryland, Minnesota, and Virginia have one thing in common, enacting Paid Family and Medical Leave laws in the 2020s. Who will be the next PFML state this decade? Here are some relevant factors: [1] Legislative composition.... [2] Election shifts.... [3] Popular demand.... [4] Voluntary before mandatory.... [5] Peer pressure.... [6] Wild cards."  MORE >>

"Several jurisdictions have now issued updated state average weekly wages (SAWW) used to calculate benefit payouts. As is typical, the timing and scope of these changes vary by jurisdiction, requiring employers to stay closely attuned to state-specific developments."  MORE >>

"Employers must register online starting in Fall 2026.... Contributions begin January 1, 2027 for employers with 15 or more employees.  ... Employers must notify employees of their FAMLI rights beginning July 2027, at hire, annually, and whenever leave is requested.  ... Beginning in April 2027, employers must submit quarterly wage and hour reports to the FAMLI division, even if you participate in a private plan."  MORE >>

"Although the PFML law has been enacted, the VEC is expected to develop implementing regulations by sometime in 2027, with contribution rates required to be set by October 1, 2027.... Employers with voluntary PFML plans may be exempt from the state program, subject to VEC approval, if the benefits they provide are at least equal to those under the state program."  MORE >>

"[T]he Rules expand the Ordinance's regulatory reach by bringing joint and successor liability squarely within its ambit ... [T]he Rules address the City's immigrant workforce directly, clarifying that '[i]mmigration status does not affect an individual's status,' thereby ensuring that concerns about immigration standing do not deter workers from asserting their rights under the Ordinance.... Where the Ordinance left gaps or ambiguities in its requirements, the Rules step in to resolve them -- and in doing so, further broaden the scope of employee protections in ways that employers must carefully implement."  MORE >>

"The revised rules formally recognize joint employment and provide that all joint employers are responsible for compliance with the Ordinance.... The revised rules clarify that non-exempt employees accrue Paid Leave and Paid Sick Leave on all hours worked, including overtime hours.... The updated rules clarify that when employees continue working for a successor employer following a sale, merger, transfer, or other business transaction, accrued and unused leave must be preserved and transferred."  MORE >>

"In addition to providing paid leave for illness and medical needs of the employee or family members, the law also covers certain domestic abuse and criminal conduct, such as sexual assault and stalking. Such 'safe leave' is available when an employee or an employee's family member requires time off to access victim's aid, relocate, obtain medical care or counseling, or seek legal advice relating to the abuse or criminal conduct."  MORE >>

"Virginia ... [has enacted] a law establishing a mandatory paid family and medical leave (PFML) insurance program. By October 1, 2027 (and annually thereafter), the Virginia Employment Commission will set the contribution rate, based on wages and capped at the Social Security taxable wage base. Contributions -- evenly split between employers and employees, with an exception for certain small employers -- will start on April 1, 2028. Benefits will first become available on December 1, 2028."  MORE >>

"Employees accrue one hour of paid sick leave for every 30 hours worked, beginning at the start of employment.... Employers may frontload the full 40 hours at the start of the year to satisfy the accrual requirement, in which case they are not required to allow carryover of unused leave into the following year.... For absences of three or more consecutive workdays, employers may require reasonable documentation that leave was used for a covered purpose."  MORE >>

"The updated rules, effective June 1, 2026, make a number of substantive additions and clarifications, including new guidance on joint employment, workplace posting, rate of pay for tipped employees, reasons for use, paid sick leave abuse, successor employer obligations, benefit year administration, universal PTO policies, and accrual for exempt & non-exempt employees."  MORE >>

"The new law would amend the Illinois Human Rights Act to include 'menopause-related condition' in the list of protected classifications ... The new law also adds several items to the list of possible reasonable accommodations for pregnancy and pregnancy-related conditions, including flexible scheduling or modified work hours and/or temperature and climate-adjusted workspaces. Employer notices must now include information regarding these additional reasonable accommodations for these conditions as part of the right to any reasonable accommodations for pregnancy."  MORE >>

"The Comprehensive Paid Leave for Federal Employees Act ... would grant federal employees up to 12 weeks of paid family leave each year to attend to a serious health condition or to care for a spouse, child or parent. The measure would also cover absences needed to help a family member who is the survivor of domestic violence, sexual assault or stalking, as well as to attend to a family member's deployment into active duty military service."  MORE >>

"Virginia previously required PSL only for home health workers. SB 199/HB 5 significantly expands coverage to nearly all employees in the Commonwealth."  MORE >>

"The New Jersey Family Leave Act (NJFLA) is expanding in July 2026 ... [1] Employers with 15 to 30 employees will be covered by the law for the first time; [2] The minimum employment period prior to leave will be lowered from 12 months to 3 months; and [3] The required hours worked in the year prior to leave will be lowered from 1,000 to 250."  MORE >>

"An employee with a long disciplinary history asked his HR contact how to request FMLA leave and was fired about two weeks later. The Sixth Circuit held that requesting FMLA paperwork is protected activity ... Temporal proximity alone wasn't enough. Two weeks between the FMLA inquiry and termination can support a prima facie inference of retaliation, but the court made clear it can't carry the pretext showing on its own." [Paris v. MacAllister Machiney Company, Inc., No. 25-1726 (6th Cir. May 14, 2026)]  MORE >>

"Rising healthcare costs make parental leave an especially visible target for cost reduction. But PFML has become one of the most valued benefits outside of medical coverage -- particularly since the COVID-19 pandemic -- and remains a driver of employee morale and retention. There's a difference between cutting costs and creating savings; PFML cuts often deliver the first, while PFML optimization delivers the second."  MORE >>

"Chicago's updated rules (effective 06.01.26) clarify key aspects of its Paid Leave and Paid Sick and Safe Leave Ordinance, including compliance options, certification rules, and limits on sick leave use. The updated rules expand and define permissible uses and confirm employers may use a combined PTO policy if it meets accrual, carryover, and other requirements. They also address areas such as discipline for misuse and joint employer and successor liability."  MORE >>

"Shortly before the PL/PSSL Ordinance took effect on July 1, 2024, OLS published implementing rules. These have been amended by the 2026 PL/PSSL Rules. Most of the revisions are semantic, consisting of minor wording adjustments, re-ordered definitions, and grammar adjustments. But a few are noteworthy clarifications."  MORE >>

"The paid sick leave legislation ... includes provisions that could create challenges for employers, including very loose requirements on the notice employees must give before taking leave. The paid family and medical leave law establishes a payroll-funded insurance program, providing qualifying employees with up to twelve weeks of paid leave at 80 percent of their average weekly wage, with contributions split between employers and employees."  MORE >>

"While the Laughlin case provides welcome clarity on the scope of potential defendants under PFML, it is clear from the recent jury verdict that the statute still carries significant financial exposure and a plaintiff-friendly framework. Employers should take the opportunity to ensure their PFML policies and practices are optimized to protect against potential PFML claims[.]" [Laughlin v. BinStar, Inc. (Delaware), No. 2584CV01816 (Mass. Super. Ct. Feb. 26, 2026)]  MORE >>

"Several studies demonstrate the relationship between workplace benefits and cardiovascular disease (CVD) risk. The objective of [this] analysis was to evaluate the relationship between access to employer based paid time off and risk of incident CVD events in a sample of working older adults in the U.S.... 81.5% of [the] sample had paid time off benefits. In adjusted models, persons with access to paid time off benefits had a 32% lower risk of a CVD event over 6-14 years (mean 7.5 years) of follow up."  MORE >>

"Currently, Pennsylvania does not provide any statewide paid parental leave. Allegheny County's Board of Health proposes amending ... Regulations to require employers to provide all employees working in Allegheny County with up to 18 weeks of paid parental leave after the birth, adoption, or legal placement of a child, regardless of the size of their employer. As proposed, parental leave can be taken anytime within 18 months of the qualifying event."  MORE >>

"Virginia first adopted paid sick leave requirements in 2021 for home health workers. Now, SB199/HB5 will significantly expand coverage to all employees of private employers and state and local governments ... Covered employees must accrue a minimum of one hour of paid sick leave for every 30 hours worked, beginning at hire.... The reasons for the use of leave are expanded to include services related to domestic violence, sexual assault, or stalking."  MORE >>

"Virginia enacted a paid sick leave law that will apply to nearly all employers in the Commonwealth. Covered employees will be able to accrue an hour of paid sick leave for every 30 hours worked. The law will have a staggered implementation date by employer size."  MORE >>