Shortly after beginning his second term, Governor J.B. Pritzker signed the Paid Leave for All Workers Act (“PLAW”), adding Illinois to a still small but growing list of states which require employers to offer paid leave to...more
In the wake of the COVID pandemic and challenging social justice issues, many employers have pledged increasing support and wellness programs for employees dealing with mental health issues. One way employers can make good on...more
A common error in both FMLA policies and communications to employees seeking Family and Medical Leave Act (“FMLA”) leave involves misuse of the word “eligibility” (or “eligible”) when in fact the intention is to refer to...more
Eligible employees of employers covered by the Family and Medical Leave Act (“FMLA”) are entitled to take up to 12 weeks of FMLA leave during the applicable 12-month period for family and medical reasons, and up to 26 weeks...more
Employees who are eligible for leave under the Family and Medical Leave Act (“FMLA”) may use their FMLA entitlement for a number of qualifying reasons. One such reason is to provide physical and/or psychological care for a...more
In addition to obtaining an initial medical certification when an employee first requests leave under the Family and Medical Leave Act (“FMLA”), employers are permitted to seek a “recertification” and even a “new”...more
Many employers are familiar with the employee notice obligations and other deadlines relating to FMLA leave, such as the obligation to give 30 days’ notice of a foreseeable need for leave, and to submit a completed medical...more
A common error in both FMLA policies and communications to employees seeking FMLA leave involves misuse of the word “eligibility” (or “eligible”) when in fact the intention is to refer to “entitlement” or vice versa. Using...more
COVID-19 has led to significant employee absences from the workplace. While the federal Family and Medical Leave Act (FMLA) may well apply to certain such absences, employers must avoid the temptation to count all...more
The United States Department of Labor (DOL) wrapped up 2020 by issuing COVID-related guidance under both the Family and Medical Leave Act (FMLA) and the Families First Coronavirus Response Act (FFCRA).
FMLA Guidance -...more
In August, we informed you of a decision by a federal district court in New York (the “Court”) that invalidated four key provisions of the federal Department of Labor’s (“DOL”) regulations interpreting the Families First...more
As states across the country see spikes in COVID-19 cases, employers continue to wrestle with how to handle “high risk” employees, i.e., employees who are at an increased risk for severe illness from COVID-19. Guidance from...more
8/3/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
High Risk Covid Employees ,
NLRA ,
OSHA ,
State and Local Government ,
Workplace Safety
With all of the attention being given to COVID-19-related leave under the Families First Coronavirus Response Act (“FFCRA”), we mustn’t forget the (traditional) Family and Medical Leave Act (“FMLA”). To remind us, the federal...more
On July 20, as part of a barrage of new guidance relating to the Families First Coronavirus Response Act (“FFCRA”), Family and Medical Leave Act (“FMLA”), and Fair Labor Standards Act (“FLSA”), the federal Department of Labor...more
First, the bad news: As if HR personnel who are responsible for managing leave requests aren’t already stretched thin due to COVID-19 issues, they now have another item for their to do list: Become familiar with, and begin...more
Although the federal Department of Labor (“DOL”) declared April 1 – 17 to be a temporary period of non-enforcement of the Families First Coronavirus Response Act (“FFCRA”), the DOL was far from idle during that period. To the...more
The call to HR is becoming more common: I have COVID-19. Should I go on a leave of absence, and if so, will I be paid while I am out?
It is clear that an employee who has tested positive for COVID-19 (or who is likely...more
The Families First Coronavirus Response Act (“FFCRA”), which generally requires U.S. employers with fewer than 500 employees to provide paid sick leave (“Paid Sick Leave”) and emergency family and medical leave (“Emergency...more
This weekend, the Department of Labor (“DOL”) released a revised and updated set of Questions and Answers (“Q&A”) regarding the Families First Coronavirus Response Act (“FFCRA”). As we’ve summarized in earlier posts, the...more
On March 24, 2020, the Department of Labor (“DOL”) released an initial set of Questions and Answers (“Q&A”) regarding the Families First Coronavirus Response Act (“FFCRA”). As we’ve summarized in earlier posts, the FFCRA was...more
On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (the “FFCRA or Act”). The FFCRA provides for two types of leave for employees: Paid Sick Leave (up to 80 hours) and Emergency...more
As employers navigate the implications of COVID-19 and the workplace, one of the subjects to keep in mind is the federal Family and Medical Leave Act (FMLA). Employers should be aware that currently pending legislation would...more
Employers are not obligated to tolerate employee misuse of FMLA leave. Examples abound in which an employer learns – often through an employee’s social media posts or through information from an employee’s co-workers – that...more
It is not uncommon for employees to ask whether they can first use paid time off available under the employer’s leave policies and “save” their unpaid - and protected - Family and Medical Leave Act (FMLA) leave entitlement...more
In a word: Yes. In fact, there are many.
The most notable obligation under the Family and Medical Leave Act – the obligation to provide protected leave for a qualifying reason – does not apply until the employee has become...more