Tag: FMLA


Do You Have At Least 20 Employees in California?

Posted on June 14th, by Editor in Counseling & Compliance Training. Comments Off on Do You Have At Least 20 Employees in California?

By Pascal Benyamini

Currently, if you are an employer with 50 or more employees within 75 miles, you are required, under the federal Family and Medical Act (FMLA) and the California Family Rights Act (CFRA), to provide an unpaid protected leave of absence of up to 12 weeks during any 12 month period to eligible employees for various reasons, including, for the birth or placement of a child for adoption or foster care; to care for an immediate family member with a serious health condition, or to take medical leave when the employee is unable to work because of a serious health condition.

A pending California Senate Bill (SB), if passed, would extend some of the benefits of the FMLA and CFRA to California employers with 20 to 49 employees. SB 63, aka Parental Leave, would add Section 12945.6 to the Government … Read More »


Illinois Employers Must Provide Qualifying Employees Two Weeks of Unpaid Child Bereavement Leave

Posted on September 8th, by Editor in Audits/Due Diligence, Counseling & Compliance Training. Comments Off on Illinois Employers Must Provide Qualifying Employees Two Weeks of Unpaid Child Bereavement Leave

By Stephanie Dodge Gournis and Shavaun Adams Taylor

Illinois is now the second state to require that employers provide unpaid bereavement leave to eligible employees under its Child Bereavement Leave Act. This Act provides that employers with at least 50 employees must provide two weeks (10 working days) of unpaid leave due to the loss of a child. In the event of death of more than one child in a 12-month period, an employee is eligible for up to six weeks of bereavement leave.

Coverage

The Act defines “employers” and “employees” in the same manner as they are defined under the Family Medical Leave Act (FMLA). Thus, an employee will be eligible for child bereavement leave under Illinois law if the employee has been employed by the employer for at least 12 months and has worked at least 1250 hours during the … Read More »


The Emergence of Paid Sick Leave Laws

Posted on September 1st, by Editor in Counseling & Compliance Training, Fair Pay Act Obligations. Comments Off on The Emergence of Paid Sick Leave Laws

By Thomas J. Barton and Matthew A. Fontana

In last week’s blog entry, Lynne Anne Anderson highlighted the increasing number of states that mandate employers to provide school related unpaid leave for parents.  This week’s entry looks at another growing trend in the employee leave space, paid sick leave.  An increasing number of states and localities now provide paid sick leave. It is important that both employers and employees are aware of this trend and whether these laws apply to their locality or state.

The following states (and District of Columbia) have paid sick leave laws:

State:
Coverage/Eligibility:
Amount of Paid Sick Time:
Can Sick Time Be Used to Care for Loved Ones:

Connecticut
Hourly workers in certain “service” occupations who work for businesses with 50 or more employees. [1]
Up to 40 hours per year
Yes: children and spouses.

California
Workers employed in California for 30 or more days a years, … Read More »


New Jersey Expands Protections Against Pregnancy-Based Discrimination By Employers And Other Entities

Posted on January 16th, by Editor in Counseling & Compliance Training, Fair Pay Act Obligations. Comments Off on New Jersey Expands Protections Against Pregnancy-Based Discrimination By Employers And Other Entities

Update 1/23/14 – On Wednesday, January 22, 2014, Governor Christie signed  S2995 into law.  LaborSphere’s original post on the legislation appears below. 

By: Meredith R. Murphy

New Jersey is on the precipice of expanding anti-discrimination protections to both pregnant women and new mothers and those recovering from childbirth.  The State Senate and now the State Assembly have passed identical measures with only one dissenting vote in either legislative body.  The expansive legislation now awaits the signature of Governor Chris Christie in order to become law. 

Amendments to New Jersey Law Against Discrimination

In order to address the perceived vulnerability of pregnant women in the workplace as well as to foster the goal of healthier pregnancies and recovery from childbirth, the legislation passed by New Jersey’s legislature expands the anti-discrimination and anti-retaliation protections of New Jersey’s Law Against Discrimination (“NJLAD”).  Should it pass, both pregnant women … Read More »


Recorded Webinar – Impact of DOMA and Proposition 8 on California Employers

Posted on October 9th, by Editor in Counseling & Compliance Training. Comments Off on Recorded Webinar – Impact of DOMA and Proposition 8 on California Employers

Members of Drinker Biddle’s newly formed “California HR” team, a cross-practice group featuring lawyers from our Employee Benefits & Executive Compensation and Labor & Employment practices, presented a webinar on the impact of the U.S. Supreme Court’s Defense of Marriage Act ruling and what it means for employers, especially in connection wtih Proposition 8.

The webinar focused specifically on the concerns of human resources professionals and in-house counsel of companies headquartered or doing business in California, including how DOMA will impact their policies and how it will affect benefit plans and retirement plans.

Other areas of discussion include:

Possible changes California employers need to make to welfare benefit and retirement plans.
How beneficiaries are now determined.
What documentation employers can require in confirming a domestic partnership or same sex marriage?
The intersection between DOMA and FMLA.
Marital status discrimination issues and other issues of concern to California … Read More »


FMLA Protected Leave Now Available To Same-Sex Spouses

Posted on August 23rd, by Editor in Counseling & Compliance Training, Fair Pay Act Obligations. Comments Off on FMLA Protected Leave Now Available To Same-Sex Spouses

By: Marion B. Cooper

United States Secretary of Labor, Thomas Perez, recently issued an internal memorandum to department staff outlining the Department of Labor’s plan to issue guidance documents which will, among other things,  make protected leave available to same-sex couples under Family and Medical Leave Act (“FMLA”).  This action comes as the Department prepares to implement the Supreme Court’s recent decision in U.S. v. Windsor, which struck down the provisions of the Defense of Marriage Act (“DOMA”) that denied federal benefits to legally married same-sex spouses.  Calling it a “historic step toward equality for all American families,” Secretary Perez noted that the Department of Labor will coordinate with other federal agencies to make these changes “as swiftly and smoothly as possible.”

Secretary Perez stated that guidance documents would be updated to remove references to DOMA and to “affirm the availability of … Read More »


Supreme Court Rules Defense of Marriage Act Unconstitutional — What Does this Mean for Plan Sponsors?

Posted on July 12th, by Editor in Counseling & Compliance Training. Comments Off on Supreme Court Rules Defense of Marriage Act Unconstitutional — What Does this Mean for Plan Sponsors?

Editor’s note: Along with their alert on the IRS recent guidance on confirming the previously announced one-year transition rule for the employer “shared responsibility” mandate and related reporting obligations under the Affordable Care Act, our colleagues in in the Employee Benefits & Executive Compensation Practice Group have put out an alert on the U.S. Supreme Court’s recent ruling in United States vs. Windsor.  The complete text of the alert appears below.

Supreme Court Rules Defense of Marriage Act Unconstitutional — What Does this Mean for Plan Sponsors?

By: Frances P. LaFleur and Cristin M. Obsitnik

The U.S. Supreme Court recently paved the way for legally married same-sex spouses to have the same federal rights and benefits as married opposite-sex spouses.  In United States vs. Windsor, the Court struck down as   unconstitutional the federal definition of “marriage” as only between a man and a … Read More »


The DOL’s Made Some Changes to the FMLA; Is Your Policy in Compliance?

Posted on March 26th, by Editor in Counseling & Compliance Training. Comments Off on The DOL’s Made Some Changes to the FMLA; Is Your Policy in Compliance?

By: Amy Lauricella

Effective March 8, 2013, the Department of Labor (“DOL”) began enforcing a new Final Rule for interpreting the Family and Medical Leave Act of 1993 (“FMLA”).  The DOL’s new Final Rule (published February 6, 2013) makes effective expanded military caregiver and qualifying exigency leave rights created by the National Defense Authorization Act of 2010.   The Final Rule also incorporates an hours of service eligibility requirement created by the Airline Flight Crew Technical Corrections Act of 2009, a federal law which modified FMLA eligibility requirements for airline flight attendants and flight crew members, who largely had been excluded from protected leave due to their unconventional work schedules,

The bulk of the DOL’s Final Rule clarifies military qualifying exigency and service member caregiver leave.  Significant changes to the FMLA regulations resulting from the Final Rule include the following:

Extension of Military Caregiver … Read More »


Third Circuit Addresses The Notice An Employee Must Give Of Unforeseeable FMLA Leave

Posted on September 7th, by Editor in Counseling & Compliance Training. Comments Off on Third Circuit Addresses The Notice An Employee Must Give Of Unforeseeable FMLA Leave

By: William R. Horwitz

On August 3, 2012, in Lichtenstein v. University of Pittsburgh Medical Center, the U.S. Court of Appeals for the Third Circuit addressed the issue of how much information an employee must provide when notifying an employer of unforeseeable leave under the Family Medical Leave Act, 29 U.S.C. § 2601, et seq. (“FMLA”).  By way of background, the FMLA generally entitles eligible employees to take up to twelve weeks of unpaid leave during any twelve-month period to care for themselves or a family member with a “serious health condition,” such as a condition requiring inpatient hospital care or continuing medical treatment.  An employee only qualifies for FMLA leave if he or she provides sufficient information to permit the employer to determine whether the FMLA applies.  For unforeseeable leave, the regulations require an employee to provide this … Read More »


New Jersey District Court Allows Plaintiff to Proceed to Trial on Claim of Unlawful Discharge, Dismisses Claims of Handicap and Discrimination

Posted on July 31st, by Editor in Counseling & Compliance Training. Comments Off on New Jersey District Court Allows Plaintiff to Proceed to Trial on Claim of Unlawful Discharge, Dismisses Claims of Handicap and Discrimination

By: Jerrold J. Wohlgemuth

The New Jersey District Court in St. Cyr v. Brandywine Senior Living LLC, recently granted summary judgment to the employer dismissing the plaintiff’s causes of action for handicap and race discrimination, but allowed the plaintiff to go to trial on her claim that she was unlawfully discharged in violation of the FMLA in retaliation for asking for a medical leave of absence because she was fired only two days before the leave of absence was to begin.  In granting summary judgment on the claim of handicap discrimination, the court determined that the plaintiff, who suffered from arthritis, was not “handicapped” under the NJLAD because the condition, which  was alleviated with medication, did not interfere with her ability to perform her job, and because she never asked for an accommodation for the condition.  The court rejected her claim … Read More »




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