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Beginning on January 1, 2025, all New York employers will be required to provide eligible employees with 20 hours of paid prenatal leave (“Paid Prenatal Leave”) during any 52-week period for health care services during or related to their pregnancy. The law was initially passed in May 2024 by Governor Kathy Hochul, and amends New York Labor Law § 196-b, the state’s Paid Sick and Safe Leave law. On December 2, 2024, the New York Department of Labor (“NYDOL”) released a long-awaited series of FAQs (the “FAQs”) clarifying a number of outstanding questions regarding the law’s application. The law is the first of its kind in the United States, and provides paid, protected leave for pregnant employees separate and apart from other available leave options. Key highlights of the Paid Prenatal Leave law are summarized below.Continue Reading New York Paid Prenatal Leave Begins Next Year – What Employers Need to Know

On July 13, 2022, San Francisco’s amended Family Friendly Workplace Ordinance (FFWO) goes into effect.  All employers who conduct business and have employees working in the City and County of San Francisco or employees who telework, will need to comply with the FFWO.  It gives employees the right to request “flexible or predictable work arrangements” to assist with caregiving responsibilities.  The amendment creates significant changes to the existing FFWO – it enlarges the scope of an employer’s obligation under the ordinance, while also making it easier for employees to obtain modified schedule arrangements so they can effectively work and perform their caregiving responsibilities with relative ease.  Covered employers should take note of these changes to avoid scrutiny from the San Francisco Office of Labor Standards Enforcement (OLSE) and costlier penalties.Continue Reading Reminder: San Francisco’s Family Friendly Workplace Amended Ordinance Takes Effect July 2022

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