News & Analysis as of

Medical Leave Employer Liability Issues

Foley Hoag LLP

SJC Rules that Employees Do Not Accrue Benefits During Massachusetts Paid Family & Medical Leave

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In its September 13, 2024 decision in Bodge et al. v. Commonwealth et al., SJC-13567 (2024), the Massachusetts Supreme Judicial Court (“SJC”) ruled that an employer’s policy of denying the accrual of certain benefits to...more

Littler

Littler Lightbulb: August Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Maynard Nexsen

Fourth Circuit Affirms Employers’ Right to Investigate and Take Action for Suspected FMLA Leave Misuse

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In Shipton v. Baltimore Gas and Electric Company, the Fourth Circuit Court of Appeals affirmed the district court’s summary judgment rulings to dismiss the plaintiff’s Family and Medical Leave Act (FMLA) interference and...more

Littler

Ontario, Canada Appeal Court Finds Aggravated Damages Award Can Be Made Without Medical Evidence of Diagnosable Psychological...

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The Court of Appeal for Ontario (OCA) recently held that an employee may be awarded aggravated damages for an employer’s bad-faith conduct during the employee’s dismissal even in the absence of medical evidence identifying a...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Expands Employer Protections Against Suspected FMLA Misuse

While the Family and Medical Leave Act (FMLA) is designed to protect employees who suffer from a qualifying "serious health condition that makes the employee unable to perform the functions of" their job, its administration...more

Littler

Michigan Supreme Court Voids Existing Minimum (Cash) Wage and Paid Sick Leave Laws and Revives Old Laws

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On July 31, 2024, the Michigan Supreme Court, in a 4-to-3 decision, found unconstitutional legislative amendments that significantly revised minimum wage, tip, and paid sick leave standards....more

Littler

Untangling the Oregon Leave Quagmire – Answers to Common Compliance Questions in Light of Recent Legislative Changes

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If you have employees working in Oregon, chances are you have heard about Oregon’s Paid Family and Medical Leave Insurance Program also known as Paid Leave Oregon (“PLO”). In addition to PLO, eligible Oregon employees may be...more

Adams and Reese LLP

Mandatory PFML Requirements for Employers in the “Swamp” and “Rocky Mountain High”

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This month, in the final part of our Adams and Reese Paid Family and Medical Leave series, we examine highlights of the mandatory PFML laws in Colorado and the District of Columbia, two other jurisdictions within the Adams...more

ArentFox Schiff

Top 10 Legal Challenges for Employers

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With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

Sheppard Mullin Richter & Hampton LLP

Maryland Paid Family Leave Employer Contributions Begin This Year – What Employers Need to Know and Expect

In 2022, the Maryland General Assembly passed the Time to Care Act of 2022 (the “Act”), setting up a paid family and medical leave program for Maryland employees. Through Family and Medical Leave Insurance (“FAMLI”), eligible...more

Stikeman Elliott LLP

Canada Labour Code: Arbitrator Permits Employer to Offset Entitlement to Statutory Paid Sick Days against Employer-Provided...

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In the recent United Steelworkers Local 14193 v Cameco Fuel Manufacturing Inc., 2023 CanLII 115899 (CA LA) decision (“Cameco Fuel Manufacturing”), the arbitrator allowed a federal employer to deduct an entitlement to Canada...more

International Lawyers Network

Paid Leave

The following paper aims to succinctly address the question "Under what circumstances is an employee entitled to paid leave?” This guide offers an overview of legal aspects of paid leave in the requisite jurisdictions....more

Lerch, Early & Brewer

Virginia Employers Must Now Give Leave for Organ and Bone Marrow Donation

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Time to update your Virginia employee handbook? Don’t forget about organ/bone marrow donation leave. Effective July 1, 2023, Virginia employers with 50 or more employees must provide an eligible employee with job protected...more

Mintz - Employment Viewpoints

Governor Hochul Floats Groundbreaking Pregnancy and Disability Leave Protections for New York Employees

Hoping to “raise the bar” for the rest of the nation, Governor Hochul announced a first of its kind proposal that would allow qualifying workers in New York up to 40 hours of paid leave to attend prenatal appointments. While...more

Morgan, Brown & Joy, LLP

MA Paid Family Medical Leave Law Updates for the New Year

PFML Notice Requirements  The Massachusetts Department of Family and Medical Leave (the “Department”) published its 2024 Paid Family and Medical Leave (“PFML”) workforce notifications, including the poster, notices, and rate...more

Littler

Massachusetts Revises Paid Family and Medical Leave Guidance to Provide More Discretion to Employers

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The Massachusetts Department of Family and Medical Leave (DFML) is ringing in the new year with new, more employer-friendly guidance regarding an employee’s ability to use paid leave to “top up” Paid Family and Medical Leave...more

Manatt, Phelps & Phillips, LLP

First, Sixth Circuits Affirm Dismissal of ADA Claims

Considering the termination of a high school teacher who underwent hip surgery and the refusal of a hospital to allow a nursing student’s service dog, the U.S. Court of Appeals, First and Sixth Circuits, both affirmed...more

Nelson Mullins Riley & Scarborough LLP

Updated Notice Obligations Under Massachusetts Paid Family and Medical Leave Act

The Massachusetts Department of Family and Medical Leave (DFML) recently issued updates to the Paid Family and Medical Leave Act (PFML). Included in the 2024 updates are changes to the required workplace poster and employee...more

Brownstein Hyatt Farber Schreck

Nevada Expands Domestic Violence Leave Law to Include Sexual Assault

Starting in January, Nevada employers will need to update their leave policies and posted employment notices to reflect recent legislation seeking to accommodate sexual assault victims....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Paid Family and Medical Leave Program: December 2023 End-of-Year Update

The Massachusetts Department of Family and Medical Leave (DFML) recently provided several significant updates related to the Commonwealth’s paid family and medical leave (PFML) program as 2023 comes to a close. ...more

ArentFox Schiff

Significant Changes to Massachusetts Paid Family Leave Coming on November 1, 2023

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Beginning on November 1, 2023, employees receiving paid benefits under the Massachusetts Paid Family and Medical Leave law (PFML) can supplement, or “top off,” the state paid benefit with other accrued paid time off such as...more

Perkins Coie

2023 California Labor, Employment, and Independent Contractor Legislative Update

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With the 2023 California legislative year closed, it is once again time to summarize the new legislation that will affect businesses operating within the state and highlight relevant action items related to these bills. Below...more

Morgan, Brown & Joy, LLP

MA Paid Family and Medical Leave Law Will Allow Employees to “Top Off” PFML Benefits with Accrued PTO

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The Massachusetts Paid Family and Medical Leave Law (“PFML”) has been amended to allow employees to “top off” their PFML benefits with accrued paid leave (such as vacation, sick time and/or other forms of PTO). The amendment...more

Morgan, Brown & Joy, LLP

Amendment to Massachusetts Paid Family and Medical Leave Law Will Allow Employees to “Top Off” PFML Benefits

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The Massachusetts paid Family and Medical Leave Law (“PFML”) has been amended to allow employees to “top off” their PFML benefits with accrued paid leave (such as vacation, sick time and/or other forms of PTO). The amendment...more

Sands Anderson PC

Navigating Reasonable Accommodations: Lessons from the Fourth Circuit’s Recent UPS Case

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Does either party get the benefit of consideration when an employer and an employee disagree about the choice of a reasonable job accommodation for an employee who has sustained a disabling injury? This was an issue when the...more

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