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<< Older News  |  August 2, 2021

News

All News > FMLA and Other Leave

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Duluth, Minnesota Amends Paid Sick and Safe Leave Ordinance
Littler Link to more items from this source
[Guidance Overview]
Aug. 2, 2021

"[E]ffective August 19, 2021 ... Employees will be able to use leave when they lose work hours when their place of employment closes for public health reasons ... If employers maintain an employee handbook, it will need to include a copy of the company's ESST policy ... Employers must either display or provide the city-created poster to employees or provide a company-created notice that advises employees of their rights under the ordinance."

Tags: FMLA and Other Leave  •  Local Regulation

California Legislative Update: Family Leave and Sick Pay
Ogletree Deakins Link to more items from this source
Aug. 2, 2021

"Two bills, currently pending in the Senate, seek to expand the scope of the California Family Rights Act (CFRA). The second bill also looks to expand sick pay."

Tags: FMLA and Other Leave  •  Local Regulation

Revised Washington State Paid Family and Medical Leave Expands List of Covered Family Members
Jackson Lewis P.C. Link to more items from this source
[Guidance Overview]
Aug. 2, 2021

"[T]he term 'family member' ... has been expanded to include 'any individual who regularly resides in the employee's home or with whom the relationship creates an expectation that the employee care for the person, and that individual depends on the employee for care.' The term 'family member' does not include a person who simply resides in the same home with no expectation that the employee care for the individual."

Tags: FMLA and Other Leave  •  Local Regulation

Pittsburgh, Pennsylvania Enacts Another Emergency Paid Sick Leave Ordinance
Littler Link to more items from this source
[Guidance Overview]
Aug. 2, 2021

"626B was passed as a new law, but it is nearly identical to Pittsburgh's original Temporary COVID-19 Emergency Paid Sick Leave Ordinance (626A) that was in effect from December 8, 2020 through June 17, 2021. Though new 626B's text largely mirrors that of 626A, there are some important differences.... [It] appears 626B requires an entirely new bank of leave because it is a separate ordinance rather than an amendment to or extension of the original ordinance."

Tags: FMLA and Other Leave  •  Local Regulation

Chicago Amends Paid Sick Leave Law
Society for Human Resource Management [SHRM]; membership may be required to view article Link to more items from this source
Aug. 2, 2021

"The Chicago City Council amended its Paid Sick Leave Ordinance (PSLO) to clarify and expand the bases to take paid leave ... [T]he paid sick leave amendments took effect on Aug. 1."

Tags: FMLA and Other Leave  •  Local Regulation

Oregon Issues Temporary Rule Expanding the Scope of Its Paid Sick Leave Law During a Public Health Emergency
Littler Link to more items from this source
[Guidance Overview]
July 30, 2021

"[E]ffective immediately and through January 17, 2022, eligible employees may take covered leave for absences connected to: [1] an emergency evacuation order of level 2 (SET) or level 3 (GO) issued by a public official with the authority to do so, if the affected area subject to the order includes either the location of the employer's place of business or the employee's home address; and [2] a determination by a public official with the authority to do so that the air quality index or heat index is at a level where continued exposure to such levels would jeopardize the employee's health."

Tags: FMLA and Other Leave  •  Local Regulation

HHS and DOJ Issue Guidance on 'Long COVID' as a Disability
Jackson Lewis P.C. Link to more items from this source
July 30, 2021

"Although the guidance acknowledges that long COVID is not always a disability, it indicates that an individualized assessment is necessary to determine whether a person's condition or symptoms substantially limit a major life activity. The guidance also provides examples of when long COVID could meet that definition under applicable law."

Tags: FMLA and Other Leave  •  Health Plan Design

IRS Information Release 2021-160: Paid Leave Credit Available for Providing Leave to Employees Caring for Individuals Obtaining or Recovering from a COVID-19 Immunization (PDF)
Internal Revenue Service [IRS] Link to more items from this source
[Official Guidance]
July 29, 2021

"The IRS today updated frequently asked questions (FAQs) on the paid sick and family leave tax credits under [ARPA]. The updates clarify that eligible employers can claim the credits for providing leave to employees to accompany a family or household member or certain other individuals to obtain immunization relating to COVID-19 or to care for a family or household member or certain other individuals recovering from the immunization.

"The paid sick and family leave credits reimburse eligible employers for the cost of providing paid sick and family leave for reasons related to COVID-19. The revised FAQs make clear this includes leave taken by employees to care for certain individuals to obtain immunization relating to COVID-19 or to recover from immunization relating to COVID-19. This new reason for paid sick or family leave also applies for the comparable credits for self-employed individuals."

BenefitsLink note: the following Revised sections of the FAQs have been updated as of July 29, 2021:

Tags: ARPA  •  FMLA and Other Leave

When Your Employee Calls Off Sick with 'Flare-Ups,' Is This Sufficient Notice of the Need for FMLA Leave?
FMLA Insights Link to more items from this source
July 29, 2021

"Using a term like 'flare-up,' which is not tied to any particular medical condition, fails to put an employer on notice of the need for FMLA leave. In this case, the denial of FMLA clearly is defensible.... If Ed had reported that he was having flare ups 'due to his depression,' or that he 'needed to take FMLA' because of his medical condition, this might very well be a different kind of case. These nuances can make or break your FMLA case." [Render v. FCA, No. 19-12984 (E.D. Mich. Jul. 19, 2021)]

Tags: FMLA and Other Leave

Eighth Circuit: Employer's Attendance Policy Outweighs Former Employee's ADA, FMLA Claims
HR Daily Advisor Link to more items from this source
July 28, 2021

"Regular attendance at the worksite can be an essential job function, the U.S. 8th Circuit Court of Appeals recently reminded employers, upholding the termination of an employee who had violated the employer's attendance policy. As a result, the former employee can no longer pursue her Americans with Disabilities Act (ADA) or Family and Medical Leave Act (FMLA) claims." [Evans v. Cooperative Response Center, Inc., No. 19-2483 (8th Cir. May 4, 2021)]

Tags: FMLA and Other Leave

U.S. FMLA Rules Show Wide Inequalities
Health Affairs Blog Link to more items from this source
[Opinion]
July 27, 2021

"FMLA's eligibility requirement of twelve months in the position puts self-identified multiracial and Black workers at a particularly high risk for exclusion ... The authors also found that because smaller employers are excluded from FMLA, Latinx workers, who were less likely to be employed in larger companies, faced greater exclusion. The US is one of just 11 countries globally lacking permanent paid sick leave and is the sole country to only guarantee unpaid leave."

Tags: FMLA and Other Leave  •  Health Plan Policy

Chicago's New Paid Sick Leave Requirements Take Effect August 1
Michael Best Link to more items from this source
[Guidance Overview]
July 26, 2021

"[The amendment] solidifies the right to use Paid Secure Leave to comply with a quarantine, isolation or stay-at-home order issued by a public official, the local health department or a personal healthcare provider. The amendment also adds new qualifying reasons for Paid Secure Leave unrelated to COVID-19."

Tags: FMLA and Other Leave  •  Local Regulation

Massachusetts Now Requires Paid COVID-19 Leave for All Employees
Verrill Dana LLP Link to more items from this source
[Guidance Overview]
July 23, 2021

"Effective May 28, 2021, the law requires employers to provide all employees up to 40 hours (pro-rated for part-time employees) of paid leave. Employers are required to provide leave until the earlier of September 30, 2021, or when Massachusetts announces that the $75 million fund to reimburse employers is expected to be depleted."

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

New City of Chicago Ordinance Modifies Paid Sick Leave and Wage Theft Rules
Laner Muchin, via JDSupra Link to more items from this source
[Guidance Overview]
July 22, 2021

"[T]he Ordinance expands the reasons that an employee may use paid sick leave to care for themselves or a family member.... Employers must continue to post a notice in a conspicuous place ... [E]mployers must issue the same notice directly to employees annually with a paycheck issued within 30 days of July 1."

Tags: FMLA and Other Leave  •  Local Regulation

New Hampshire Adopts Paid Leave Program
Jackson Lewis P.C. Link to more items from this source
[Guidance Overview]
July 19, 2021

"The voluntary program, called the Granite State Paid Family Leave Plan, provides New Hampshire workers with 60 percent wage replacement for up to six weeks of work per year if they take time off for personal health or family reasons."

Tags: FMLA and Other Leave  •  Local Regulation

The Budgetary Effects of the Tax Credit for Employer-Paid Sick and Family Leave During the Coronavirus Pandemic
Congressional Budget Office [CBO] Link to more items from this source
July 19, 2021

"The actual budgetary cost of the provisions that provided this credit remains uncertain ... Data on self-employed individual claims of this credit are not yet available, and ... the 'IRS continues to process a paper return backlog, which makes the data … incomplete, particularly for small employers.' In addition, taxpayers may still file additional claims and update the amounts on prior claims."

Tags: FFCRA  •  FMLA and Other Leave

District Court Reinforces Employees' Obligations to Follow Established FMLA Notification Procedures
Ogletree Deakins Link to more items from this source
July 16, 2021

"The principal issue before the court was whether the employee was entitled to FMLA leave when the employee had failed to follow his employer's usual and customary notice requirements for requesting FMLA leave. The court granted summary judgment in the employer's favor, reinforcing the point that an employee's noncompliance with an employer's notice requirements ordinarily precludes the employee's entitlement to the FMLA's protections." [Munger v. Cascade Steel Rolling Mills, Inc., No. 18-970 (D. Ore. Jun. 17, 2021)]

Tags: FMLA and Other Leave

Paid Family Leave Deserves a Debate, Not Histrionics
Tony Reardon, in Government Executive Link to more items from this source
[Opinion]
July 15, 2021

"In what should have been a measured, thoughtful policy debate about paid family leave for federal employees, a recent congressional hearing instead devolved into scurrilous attacks on the integrity and value of frontline federal workers around the country."

Tags: FMLA and Other Leave  •  Federal Government Plans

Massachusetts COVID-19 Emergency Paid Sick Leave Request Form and Employer Reimbursement Process
Hirsch Roberts Weinstein LLP Link to more items from this source
[Guidance Overview]
July 14, 2021

"While employers were initially advised to prescribe their own request forms, all the information that must be collected is now addressed in the sample form ... The [Executive Office for Administration and Finance (EOAF)] has published the required notice in poster-form and in a form to be sent via electronic communication. Additionally, the EOAF has published instructions for employers to follow in order to seek reimbursement for payments made to employees for use of COVID-19 Sick Leave."

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

State of the States: Paid Family Leave Overview (PDF)
Voya Financial Link to more items from this source
[Guidance Overview]
July 9, 2021

13 pages. "Paid Family Leave (PFL) legislation has grown in popularity, and states continue to propose, fund, and launch their own programs.... Every jurisdiction has adopted plans that vary in terms of length of leave, amount of payment, and funding mechanism. Additionally, some states have chosen to combine their state-mandated short-term disability with a PFL program to create a Paid Family and Medical Leave (PFML) program."

Tags: FMLA and Other Leave  •  Local Regulation

OSHA's First Mandatory COVID-19 Workplace Safety Rule Requires PTO for Vaccination and COVID-19 Absences for Healthcare Employees
Miles & Stockbridge Link to more items from this source
[Guidance Overview]
July 8, 2021

"[T]he standard requires that employers give unvaccinated employees reasonable time and paid leave to be vaccinated and to recover from vaccine side effects, although it does not define what 'reasonable' time is. Employers must also provide medical removal protection benefits, which include specified amounts of paid leave for certain employees removed from work due to COVID-19 exposure or contraction."

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

City of Los Angeles Requires Vaccine Leave for Employees Working in the City
Jackson Lewis Link to more items from this source
[Guidance Overview]
July 8, 2021

"Under the [mayor's] order, employees who work within the City of Los Angeles and have been employed by their employer for 60 days are entitled to paid time off to get vaccinated for COVID-19, including traveling to and from the appointment, as well as recovering from the side effects of vaccination[.]"

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

Which Federal and State Leave Laws Apply to Your Remote Employee?
FMLA Insights Link to more items from this source
[Guidance Overview]
July 8, 2021

"[R]emote work programs of the past likely neglected to address the fundamental differences between mandatory telework (at the employer's direction) and voluntary telework (at the employee's request).... [It's] also critical that you require employees to notify you whenever they will be working from a different jurisdiction, as you will need to track whether they are entitled to a statutory leave of absence under the laws of the state/city in which they are performing work."

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

IRS Extends Relief for Leave-Based Donation Programs
RSM US Link to more items from this source
[Guidance Overview]
July 7, 2021

"In general, the employee's donated time does not need to be treated as wages for income or payroll tax purposes if ... [1] the payment is made to a section 170(c) organization for the relief of victims of the COVID-19 pandemic in the affected geographic areas; and [2] the payment is paid to the section 170(c) organization after Dec. 31, 2020 and before Jan. 1, 2022."

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

IRS Extends Tax Relief for Leave Donations Aiding COVID-19 Victims
Thomson Reuters / EBIA Link to more items from this source
[Guidance Overview]
July 1, 2021

"This extension arrives somewhat late in the game -- possibly too late for employers that have not already established a leave-based donation program. But for those with such a program, this extension will be a welcome affirmation that the favorable tax treatment of leave-based donations can continue, at least for cash payments made during 2021."

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


<< Older News  |  August 2, 2021

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