Disability, Leave & Health Management Blog

Offering Practical Guidance to Employers

With May 31st 2019, marking the deadline for bills to be passed by their California house of origin, the following are some key pieces of employment legislation that may find their way to Governor Gavin Newsom’s desk in October. Here is a round-up of potential 2020 legislation worth watching: Assembly Bill 767 – This bill would state that it is the intent of the Legislature to consider the inclusion of infertility treatment in the definition…
Late Friday, the Connecticut House passed a paid family and medical leave bill, which Governor Ned Lamont said he will sign, to provide paid leave to eligible employees and significantly expand employee eligibility and covered reasons for leave.   The major practical effects of the bill, once signed, are: Making 12 weeks of paid leave, funded by a 0.5%  employee payroll tax (effective in 2021), available to the vast majority of employees in Connecticut beginning in 2022; and Expanding covered FMLA reasons…
Beginning January 1, 2020, Oregon employers with at least six employees must comply with the Employer Accommodation for Pregnancy Act. The Act requires employers to provide reasonable accommodations to applicants and employees who have limitations related to pregnancy, unless it would impose an undue hardship on the employer.  The Act also makes it unlawful to deny employment based upon the need to make a reasonable accommodation, take adverse action against an employee for inquiring about,…
Although there is no Texas state-wide law that requires paid sick leave in Texas, the cities of Austin, Dallas, and San Antonio have adopted paid sick and safe leave laws. Proposed legislation  that would have blocked these laws from going into effect was introduced during the most recent Texas legislative session. However, as of late last week, as the regular Texas legislative session winds down, these efforts appear to be stalled, perhaps…
The Maine legislature recently passed An Act Authorizing Earned Employee Leave. If Governor Mills, who has been vocal in her support of the bill, signs the bill into law, it would take effect on January 1, 2021. The bill would require Maine employers with 10 or more employees working for more than 120 hours in the calendar year to provide one hour of paid leave for every 40 hours an employee works, up to a…
Minneapolis’ Sick and Safe Ordinance extends to any employee who performs at least 80 hours of work per benefit year in the City of Minneapolis, even if his or her employer is not located within the city’s limits, the Minnesota Court of Appeals has held.  Minnesota Chamber of Commerce v. Minneapolis, No. A18-0771 (Apr. 29, 2019).  This significant ruling stretches Minneapolis-imposed requirements to non-Minneapolis employers, including — in some instances — requiring them…
Connecticut employers and employees are focused on Hartford, where last night the Senate passed a paid family and medical leave bill. Governor Ned Lamont said yesterday he would veto the bill. While Governor Lamont supports paid family and medical leave, he said he disagrees with the state-administered system outlined in the bill and wants to explore alternative options for administration of a paid leave program. The bill passed by the Senate would provide up to 12 weeks…
“What did I do wrong?” and “Am I doing this correctly” are frequent questions from clients regarding FMLA administration. This is the 23rd blog in this series, which digs into the FMLA regulations to address discrete mis-steps that can result in legal liability. Not understanding all of the reasons an employee can take FMLA leave for a qualifying exigency. In my frequent discussions with clients on FMLA issues, the topic of FMLA leave for a…