Disability, Leave & Health Management Blog

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Latest from Disability, Leave & Health Management Blog

Texas employers no longer must provide paid sick leave to their employees in Dallas following the decision of U.S. District Court Judge Sean D. Jordan. ESI/Employee Solutions LP et al. v. City of Dallas et al., No. 4:19-cv-00570 (E.D. Tex. Mar. 30, 2020). The decision was released two days before enforcement of the Dallas Paid Sick Leave Ordinance would have commenced. In the federal lawsuit challenging the legality of the Ordinance, the court granted the…
On March 27, 2020, the City Council passed an ordinance mandating employers with 500 or more employees nationally offer Supplemental Paid Sick Leave for various COVID-19 related reasons described below. The ordinance is awaiting Mayor Eric Garcetti’s review and anticipated approval. Under the ordinance, covered employers must offer 80 hours of Supplemental Paid Sick Leave to employees who perform work within the geographic boundaries of the City of Los Angeles. However, the ordinance caps the…
The Department of Labor has been hard at work issuing FAQs to try to explain the provisions of the Families First Coronavirus Response Act before it goes into effect on April 1, 2020.  To see earlier reports on these FAQs, see our blog posts on March 24th, March 27th and March 28th. The latest FAQs (we are now up to 59 FAQs from the DOL on this subject), include further details about the planned…
The Department of Labor has been hard at work issuing FAQs to try to explain the provisions of the Families First Coronavirus Response Act before it goes into effect on April 1, 2020.  To see earlier reports on these FAQs, see our blog posts on March 24th and March 27th. The latest FAQs (we are now up to 59 FAQs from the DOL on this subject), include a number of helpful provisions for employers,…
The EEOC published a recorded webinar on March 27.  The EEOC uses a Q and A format to address 22 common questions from employers covering a broad range of topics including among other things, taking employees temperatures, appropriate and inappropriate disclosure of information related to an employee’s COVID-19 diagnosis, and managing employee accommodation requests including requests from employees in the high risk categories identified by the CDC.  The EEOC emphasized that none of the laws…
The Department of Labor issued additional FAQs on Thursday March 26. They now offer 37 FAQs on how the paid sick leave and expanded FMLA leave under the Families First Coronavirus Response Act will apply. The leave obligations begin April 1, 2020. As more and more employers are required to shutdown due to state orders or layoff employees due to business concerns, a frequently asked question is whether the employees impacted by these closures and…
The Department of Labor published today the required poster for employers under the Families First Coronavirus Response Act.  We, like many of you, noticed that the DOL’s poster appears to have an error in it as it leaves off the pay requirement with respect to paid sick leave for reason 5 (school closings) and then claims the additional 10 weeks of pay under the expanded FMLA is capped at $12,000 instead of $10,000.*  We believe…
The Department of Labor has published FAQs on the application of the Families First Coronavirus Response Act.  According to the DOL, the Act will apply to  leave taken between April 1, 2020 and December 31, 2020.  In addition to providing the effective date, the FAQs answer questions about how an employer knows if it is under the 500 -employee threshold and, therefore, subject to the Act and how to calculate hours for part-time employees. The…
Effective March 18, 2020, the Seattle Paid Sick and Safe Time (PSST) Ordinance allows eligible employees working in Seattle to use PSST when their family member’s school or place of care is closed, regardless of whether such closure is made by a public official. In addition, when “Tier 3” employers (with 250 or more full time equivalent employees worldwide) reduce operations or close a Seattle worksite for any health or safety reason, those employees are…