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Seventh Circuit Explains: The ADA Is Not A “Medical Leave” Statute

On September 20, 2017, the Seventh Circuit in Severson v. Heartland Woodcraft, Inc. held that a long-term leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (“ADA”).  As we all know, the ADA prohibits employers from discriminating against “qualified individuals” with disabilities, defining such individuals as applicants or employees who, with … Continue Reading

Why Can’t I Terminate My Employee for An Unexcused Absence!?

The California Court of Appeals’ recent decision in Bareno v. San Diego Community College is a good reminder for employers about the pitfalls of terminating an employee based on a “technical” policy violation and how easy it is for an employee to put an employer on notice that the employee is taking a protected California Family … Continue Reading

US Voting Leave Laws: What Employers Need to Know

With the general election days away, employers should familiarize themselves with their state’s voting leave laws. Voting leave laws vary across the country. A number of states, however, do not have specific laws permitting time off to vote. These states include: Connecticut, Delaware, Florida, Idaho, Indiana, Louisiana, Maine, Michigan, Mississippi, Montana, New Hampshire, New Jersey, … Continue Reading

State Law Roundup: Illinois’ New Leave Laws and Non-compete Warning; Sick Leave Comes to Berkeley and St. Paul

Illinois passes two new leave laws; bars non-compete agreements for low wage workers. First, the Child Bereavement Leave Act, which became effective July 29, 2016, requires Illinois employers with 50 or more employees to grant up to two weeks (10 days) of unpaid leave to eligible employees who have lost a child (and 6 weeks … Continue Reading

Sick of These Updates Yet? The Latest Sick Leave and Minimum Wage News (Minneapolis, San Francisco, San Diego, OR)

Minneapolis is the first city in the Midwest to jump on the sick leave bandwagon. On May 27, the Minneapolis City Council passed a sick and safe time ordinance that requires employers of employees working in Minneapolis to provide sick leave to those employees. Beginning July 1, 2017, employers of 1-5 employees must provide unpaid … Continue Reading

Time Off as an ADA Accommodation? You Better Be-Leave It!

Many employers maintain policies that restrict the amount of time an employee can take off from work, or that prohibit employees who are ineligible for leave under the Family and Medical Leave Act to take time off from work at all even when ill or injured.  But a new resource document issued by the EEOC … Continue Reading

Another First from California: San Francisco Becomes First City in U.S. to Approve Fully Paid Parental Leave

New mothers and fathers will soon be entitled to receive fully paid and protected parental leave under the legislation approved unanimously by San Francisco’s board of supervisors. The legislation makes San Francisco the first city in the U.S. to require employers to provide six weeks of fully paid leave for new parents when the city’s … Continue Reading

It’s All the Wage! Historic Minimum Wage Increases in California and New York; New York Institutes 12-Week Paid Family Leave

Today (April 4, 2016) California Governor Jerry Brown signed SB 3, raising California’s minimum wage to $15 by 2023.  Under that law, minimum wage in the state of California (currently $10.00 per hour) will increase as follows: Beginning date Small employer (1-25 employees) Large employer (26 or more employees) January 1, 2017 $10.00 $10.50 January … Continue Reading

Sick Leave and Minimum Wage Update: Oregon, Vermont, Santa Monica

Yesterday, Oregon Governor Kate Brown signed into law legislation that increases that state’s minimum wage from $9.25 to up to $14.75 by 2022, the highest of any state.  The first increases go into effect on July 1, 2016.  Under SB 1532 [PDF], minimum wage rates vary based upon the employer’s location, as set forth in … Continue Reading

Year-end State Law Roundup: Minimum Wage Increases and the latest on Sick Leave Laws

As 2015 draws to a close, our final state law round-up will provide information about minimum wage increases taking effect in 2016, some recent developments on the local sick leave law front, and other issues to take note of heading into 2016. 2016 State and Local Minimum Wage Rates With the federal minimum wage still … Continue Reading

FMLA: A Spouse Is A Spouse, No Matter Their Sex

On February 25, 2015, the U.S. Department of Labor’s Wage and Hour Division issued a Final Rule revising the definition of spouse under the Family and Medical Leave Act (FMLA) so that eligible employees in legal same-sex marriages may take FMLA leave to care for their spouse or family member. Effective March 27, 2015, the term … Continue Reading

Sick Leave: Tacoma and Philly Jump On The Bandwagon; Chicago Voters Join In

Maybe we should start calling it ‘chic’ leave, since it’s all the rage right now. Tacoma and Philadelphia are the latest municipalities to require private employers to provide employees with sick leave. They join three states (California, Connecticut and Massachusetts) and fifteen other municipalities (D.C.; Oakland and San Francisco, CA; East Orange, Irvington, Jersey City, … Continue Reading

Arizona Lawmakers Propose Paid Sick Leave, Meal & Rest Breaks, and Discrimination Law Changes

Earlier this month, Democrats in the Arizona legislature introduced three measures that would significantly change the legal landscape for Arizona employers.  While none of the bills are likely to be passed by the Republican-controlled Legislature or be signed by newly-elected Republican Governor Doug Ducey, the proposed laws nonetheless have gotten Arizona employers’ attention. Most recently, … Continue Reading

End of the Week Roundup – Paid Sick Leave and 2014 Unionization Rates

Two brief items to pass along as we head into the weekend: In his State of the Union address earlier this week, President Obama urged passage of the Healthy Families Act, a measure that would require private sector US employers to allow employees to accrue up to seven paid sick days per year (see our … Continue Reading

Federally-Required Paid Sick Leave – President Obama Pushes Passage of Healthy Families Act

Although a few states – most notably California – as well as a handful of cities have passed legislation requiring that employers provide paid sick leave benefits to employees, federal law presently does not mandate that employers offer this benefit.  (The federal Family and Medical Leave Act (FMLA) requires that certain employers provide time off … Continue Reading

UK Government Launches Shared Parental Leave

The last few weeks have seen a number of press articles on women’s pay and their under-representation at senior management levels. This was prompted by a study carried out by the Institute for Public Policy Research, which suggests that a key factor may be increasing childcare costs. This reinforces a culture of women, rather than … Continue Reading

An implausibly tragic sequence of events

Taking time off falsely, whether as sick leave, compassionate leave or otherwise, is clearly misconduct, which would entitle an employer to take disciplinary action, up to dismissal, depending on the severity of the circumstances.  However, there are often difficulties establishing when it is “reasonable” for an employer to disbelieve the reason given for the absence.  … Continue Reading

The Government’s mixed message on family rights

In 2012, the Coalition Government took more baby steps to improve the family rights regime in the UK. It announced that from 2015, the additional paternity leave introduced in 2010 will be abolished and in its place a new flexible parental leave provision will afford mothers the ability to share their leave with the father/their … Continue Reading
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