The Ninth Circuit and the California legislature recently updated employer leave requirements, impacting California employers.  The Ninth Circuit recently handed down two decisions regarding leave under the Family Medical Leave Act (“FMLA”), including a decision concerning what constitutes a “workweek” for FMLA purposes.  Additionally, as of January 1, 2021, smaller employers in California will have to grant 12 weeks of leave under the California Family Rights Act (“CFRA”).  Employers should consider these changes as they update their leave policies, especially as employees may take more extended leaves during the COVID-19 pandemic.
Continue Reading California Employers Should Be Aware of Updates to Leave Requirements

**This is an updated version of our September 2, 2020 post.** 

A new California statute will significantly expand current family and medical leave laws, by expanding the obligation to provide job-protected leave to small businesses with as few as five employees, allowing leave to be taken for additional reasons, and eliminating certain exceptions to employer obligations to provide leave.
Continue Reading California Expands Family and Medical Leave Entitlements

California is likely to significantly expand its family and medical leave laws, by expanding the obligation to provide job-protected leave to small businesses with as few as five employees, allowing leave to be taken for additional reasons, and eliminating certain exceptions to employer obligations to provide leave.
Continue Reading California to Potentially Expand Family and Medical Leave Entitlements

On March 18, 2020, shortly after it was passed in the Senate by a vote of 90-8, President Trump signed H.R. 6201, the Families First Coronavirus Act (the “Act”) into law.

There are two paid leave provisions of the Act that employers with fewer than 500 employees should be aware of: (1) the Emergency Family and Medical Leave Expansion Act; and (2) the Emergency Paid Sick Leave Act.  The Act also provides, among other things, $1 billion in grants to states for emergency unemployment insurance and refundable tax credits for employers providing paid emergency sick leave or paid FMLA.  Further, for those who have been closely following the trajectory of this bill, it is worth noting that there are key differences as highlighted below between the original version of the bill passed by the House on March 14 and the final law, which are the result of several “corrections” that the House made to the bill on March 16 before sending it to the Senate.
Continue Reading What Employers Need to Know About the Newly-Enacted Families First Coronavirus Act

As the number of confirmed positive cases of Coronavirus Disease 2019 (“COVID-19” or “coronavirus”) in the U.S. continues to rise, employers must prepare for issues that will inevitably arise as the virus spreads.  While the Center for Disease Control (“CDC”) currently advises that “most people in the United States will have little immediate risk of exposure,” it is prudent for employers to evaluate their organizations’ current policies and practices in the event a major outbreak occurs.  Some issues to consider include the following:
Continue Reading What Employers Need To Know To Prepare For Coronavirus

The Seventh Circuit recently held in Severson v. Heartland Woodcraft, Inc. that a long-term leave of absence, particularly one extending beyond the twelve weeks of leave guaranteed by the Family and Medical Leave Act (“FMLA”), does not warrant protection under the Americans with Disabilities Act (“ADA”).

Raymond Severson was terminated from his job as a fabricator at Heartland after he exhausted his 12-week medical leave under the FMLA and requested to remain off work for several additional months to recover from back surgery. Severson sued Heartland under the ADA, arguing Heartland failed to provide him with a reasonable accommodation—namely, a three-month leave of absence following the expiration of his FMLA leave.
Continue Reading Seventh Circuit Holds Long-Term Leave is Not a Reasonable Accommodation Under the ADA