Category Archives: Leaves of Absence

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New York Mayor Expands Paid Sick Leave Law: Employers Required to Provide Paid ‘Safe Leave’ for Abuse Victims

Earlier this month, New York City Mayor Bill de Blasio signed the “Earned Safe and Sick Time Act” into law. The new law, which will take effect on May 5, 2018, expands the purposes for which employees may use sick leave, broadens the definition of covered family members, and imposes new notice and recordkeeping requirements … Continue Reading

5 New Laws: California Governor Approves Employee-Friendly Laws

The 2017 California Legislature adjourned on September 15, 2017, and resulted in more than 700 bills being sent to Governor Jerry Brown’s desk for approval. Although the deadline for the Governor to sign new bills into law does not officially expire until October 15, the Governor has already given his stamp of approval to a … Continue Reading

The Continued Uncertainty of Paid Sick Leave Laws

Just days after Cook County passed its Paid Sick Leave Ordinance on October 5, 2016, several Cook County suburbs began the process of opting out of the law.  So far, four have successfully done so.  On November 15, 2016, Barrington was the first to pass its own municipal ordinance opting out of Cook County’s Ordinance, … Continue Reading

D.C. Council Passes Expansive Family and Medical Leave Bill

On December 20, 2016, in a 9-4 vote, the Washington, D.C. Council passed bill B21-0415, The Universal Paid Leave Act of 2015.  The bill establishes a universal paid leave system for individuals who work in the District of Columbia (“the District” or “D.C.”) and businesses operating in D.C.  It will be effective after Mayor Muriel Bowser’s … Continue Reading

Dissecting New Sick Leave Laws in Illinois, Cook County and the City of Chicago

Last month, Cook County passed an ordinance requiring employers in the County to provide eligible employees with certain paid sick leave benefits.  The ordinance largely mirrors a recent amendment to the Chicago Minimum Wage Ordinance, which was passed in July 2016.  Both are scheduled to go into effect on July 1, 2017, and a new … Continue Reading

Ramirez v. Dependable Highway Express: The Reasonable Accommodation of an Employee’s Family

In Luis Castro-Ramirez v. Dependable Highway Express, the California Court of Appeal held that California’s Fair Employment and Housing Act (“FEHA”) – which requires employers to reasonably accommodate employees with disabilities – now requires employers to reasonably accommodate employees who are associated with a disabled person.  This is an unprecedented decision and will likely to … Continue Reading

Onward and Upward – California’s Minimum Wage And Paid Family Leave Benefits Set To Increase Substantially Over The Next Few Years

April 2016 has proven fruitful for California employees.  Last month, Governor Brown approved a series of gradual increases raising the statewide minimum wage rate in California to at least $15.00 by 2022.  A week later the Governor approved Assembly Bill No. 908, which revises the income-based formula to calculate benefits for a leave of absence … Continue Reading

San Francisco Becomes First U.S. City To Require Employer-Funded Paid Parental Leave

This month, the San Francisco Board of Supervisors unanimously approved an ordinance that provides six weeks of parental leave for bonding with a new child at 100% of the employee’s rate of pay (subject to certain caps).  The ordinance which will take effect beginning January 1, 2017, will make San Francisco the first U.S. city … Continue Reading

New Year, New Rules for Employers Doing Business in New Jersey

This past year New Jersey state and local legislatures implemented several employment laws that are set to take effect at the end of 2015 or in early 2016. This update summarizes these new legal requirements to help New Jersey employers prepare and comply in 2016.… Continue Reading

New Year, New Rules For Employers Doing Business in California

This year the California Legislature added over a dozen new employment laws, many of which take effect on January 1, 2016.  Some of these laws impose new prohibitions on employers, while others provide positive benefits such as safe harbors, cure provisions, and employer incentives for reclassification of certain independent contractors.  This update highlights key provisions … Continue Reading

California Paid Sick Leave Law Amended, Effective Immediately

On July 13, 2015, Governor Jerry Brown approved AB 304 Sick Leave: Accrual and Limitations, which amends the Healthy Workplaces, Healthy Families Act of 2014 (i.e., Sections 245.5, 246, and 247.5 of the California Labor Code).  These amendments took effect immediately upon signature.  The following is a summary of the key amendments to the law, … Continue Reading

REMINDER: California Family Rights Act Amendments Go Into Effect July 1, 2015

The California Family Rights Act (“CFRA”) is a regulation that provides employees with up to 12 workweeks of leave within a 12-month period for a qualifying event, such as family care leave or leave for an employee’s own serious health condition.  Employers covered by this regulation are those who employ 50 or more employees within … Continue Reading

Amendments to CFRA Regulations Provide Some Clarity to Employers

The California Fair Employment and Housing Council (FEHC) has issued amended regulations clarifying the California Family Rights Act (CFRA).  The amendments will go into effect on July 1, 2015, and are intended to clarify previously confusing rules and adopt regulations that more closely parallel the federal Family and Medical Leave Act (FMLA).  Significantly, the amendments … Continue Reading

Get Ready! DC’s Protecting Pregnant Workers Fairness Act Currently Expected To Take Effect On March 3, 2015

The District of Columbia recently joined twelve other states[1] that have enacted laws requiring employers to accommodate certain limitations associated with pregnancy.  The Protecting Pregnant Workers Fairness Act (the “Act” or “PPWFA”) of 2014 was passed on October 23, 2014 and is under Congressional review.  It is currently expected to become effective on March 3, … Continue Reading

California Enacts New Law Mandating Paid Sick Leave for Employees

On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014.  As a result, most employers in California will be required to provide up to 24 hours (3 days) of paid sick leave to their employees beginning July 1, 2015.  The following are some of the key … Continue Reading

The Increasing Cost of Doing Business in San Francisco: Board of Supervisors Approves Family Friendly Workplace Ordinance

On October 1, 2013, the San Francisco Board of Supervisors approved an ordinance that will give employees the right to request flexible work arrangements to assist with caregiver responsibilities.  San Francisco employers will be required to consider and respond to all such requests in a formal manner.… Continue Reading

New Jersey Provides Unpaid Leave to Victims of Domestic Violence

On October 1, 2013, the New Jersey Security and Financial Empowerment Act (the “ Safe Act”) becomes effective. New Jersey joins a handful of states providing employees who are victims of domestic violence and sexual assault with certain rights, including 20 days of unpaid leave to deal with matters related to an incident of domestic … Continue Reading

N.Y. Legislature Introduces Protections for Victims of Domestic Violence

The N.Y. State Senate and Assembly recently introduced “competing” bills both targeting increased employment protections for victims of domestic violence. The bills each provide various measures of job security for employees who need to be absent from work on the basis of a domestic violence issue.… Continue Reading

DLSE Issues Opinion Permitting Employer Deductions of Vacation and/or Sick Leave for Absences of Less Than Four Hours

On November 23, 2009, the Chief Counsel of the California Department of Industrial Relations’ Division of Labor Standards Enforcement (DLSE) issued an opinion letter stating that employers may deduct vacation and sick leave for exempt employees’ partial-day absences of less than four hours as long as consistent with the employer’s express policies. In addition, the … Continue Reading

Inflexible Medical Leave Policies May Violate the Americans with Disabilities Act

On August 27, 2009, the U.S. Equal Employment Opportunity Commission filed a putative class action against United Parcel Service, Inc. claiming the company’s 12-month leave of absence policy violates the Americans with Disabilities Act of 1990 (“ADA”).… Continue Reading

Recent Court Case Reinforces Importance of Employers Providing Employees with Notice of the Right to Request Leave under the California Family Rights Act (CFRA)

In a suit for wrongful termination in violation of right to medical leave under the California Family Rights Act (CFRA), a California Court of Appeal reversed summary judgment in favor of plaintiff’s former employer because plaintiff provided sufficient information to the employer to advise it of his need for leave pursuant to the CFRA,  but  … Continue Reading
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