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Employers Should Be Aware of Voting Leave Laws for Mid-Atlantic Employees

"Under Maryland law, employees may take up to two hours of paid leave to vote on Election Day if they do not have two consecutive off-duty hours while polls are open.... Under D.C. Law, employees may take up to two hours of paid leave to vote in person (wherever they are registered to vote, including outside the District, and regardless of whether they have sufficient off-duty time in which to vote).... Under W.V. law, employees may take up to three hours of leave to vote, which is paid unless the employee had at least three consecutive off-duty hours in which to vote but failed to do so."

Sixth Circuit FMLA/ADA Decision Provides Lessons for Employers on Call-In Requirements

"[1] Establish clear, written call-in procedures for when an employee will be late or absent ... [2] Enforce the call-in requirements consistently.... [3] Excuse non-compliance where there are 'unusual circumstances' that prevent the employee from calling-in timely.... [4] If additional information is needed to clarify whether the incident is FMLA- or ADA-covered, put the request in writing." [Crispell v. FCA US, LLC, No. 23-1114 (6th Cir. Jun. 18, 2024; unpub.)]

Employers May Be Required to Provide Paid Short-Term Military Leave Under USERRA

"The U.S. Court of Appeals for the Third Circuit has joined [the Ninth and Seventh] Circuits in finding that employers who provide paid leave for short-term absences, like jury duty or bereavement leave, may be required to provide similar paid leave for short-term military purposes under the Uniformed Services Employment and Reemployment Rights Act." [Scanlan v. American Airlines Group, Inc., No. 22-3294 (3d Cir. May 21, 2024)]

Employers May Use a Private Investigator to Validate an Employee's Use of FMLA Leave

"With regard to her FMLA claim, the employee ... [argued] that the employer initiated surveillance without a reasonable suspicion that she had abused FMLA! ... [T]he U.S. Court of Appeals for the Third Circuit treated that argument with the skepticism it deserves, flatly stating 'nothing in the FMLA prevents employers from monitoring employees' activities while on FMLA leave to ensure that they do not abuse their leave.' " [VanHook v. The Cooper Health System, No. 21-2213 (3d Cir. Mar. 31, 2022)]