Paid Leave

News & Analysis as of

Court Upholds Employer’s Inflexible Leave Policy

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a number of lawsuits against companies with inflexible leave policies, claiming the policies are discriminatory under the Americans with Disabilities Act...more

Russian Employment Law: Terms of Employment and Separation

Terms of Employment. Under Russia’s Labor Code, there is a maximum 40-hour work week for employees, and less than that for certain types of jobs and workers, such as for employees working in dangerous environments or...more

Effective Immediately: Employers Required to Grant Employees Domestic Violence Leave

What you need to know: Massachusetts Governor Deval Patrick recently signed a law, effective immediately, that requires employers with 50 or more employees to grant up to 15 days of leave from work if an employee or a...more

Domestic Violence Leave Becomes Law in Massachusetts

Massachusetts Governor Deval Patrick signed into law An Act Relative to Domestic Violence on August 8, 2014.This far-reaching law, which institutes reforms throughout the criminal justice system, mandates that all public and...more

Back to School! Employers: Are You Ready for School-Related Leave for Parents?

The lazy days of summer are behind us this month as many children head back to school. Employers of parents with school-aged children should review California’s laws, which provide certain rights to employees to take time off...more

Domestic Violence Leave Now Mandated in Massachusetts

On August 8, 2014, Massachusetts Governor Deval Patrick signed sweeping new legislation in the area of domestic violence—M.G.L. c. 260 entitled “An Act relative to domestic violence.” The new law is effective immediately and...more

Partial-Day Leave Deductions Lawful for Exempt Employees

A California court of appeal recently confirmed that employers may require exempt employees to use accrued leave for partial-day absences, even if shorter than four hours. In Rhea v. General Atomics, plaintiff Lori Rhea, on...more

Fenwick Employment Brief - August 2014

Partial-Day Leave Deductions Lawful for Exempt Employees - A California court of appeal recently confirmed that employers may require exempt employees to use accrued leave for partial-day absences, even if shorter than...more

Employee fired for failing to cooperate with FMLA leave approval process

Managing employees’ FMLA leave can be one of the most challenging and frustrating responsibilities for an HR department. So what can an employer do when an employee is slow to provide documentation and respond to exam...more

Employers May Require Exempt Employees to Use Accrued Leave for Absences Shorter Than Half a Day

On July 21, 2014, a California Court of Appeal held that overtime exempt status is not undermined by requiring employees to use accrued leave for absences of less than half a day. ...more

Employers Sick Over New Paid Sick Day Laws: The Epidemic is Spreading

Newark is the latest city to enact a mandatory Paid Sick Leave law, joining Jersey City and New York City. These laws will be impacting employers long after the latest bug goes around the workplace....more

New Laws for California Employers Effective July 2014

California Paid Family Leave (“PFL”) will be extended to more family members, including seriously ill grandparents, grandchildren, siblings, or parent-in-laws. By July 1, employers must distribute updated PFL pamphlets...more

Safety committee members lose claim that employer retaliated against them

Disciplinary letters issued to three members of a safety “Policy Committee” were not retaliatory under the Canada Labour Code, the Canada Industrial Relations Board has decided. Air Canada issued letters to three...more

Eugene, Oregon Moving Ahead With Paid Sick Leave Ordinance

Following the lead of larger cities like Portland, Seattle, and San Francisco, the City Council of Eugene, Oregon is moving ahead with plans for a mandatory sick leave ordinance. Following the presentation of a 70-page Task...more

Ninth Circuit Approves Employees' Right to Strategically Decline FMLA Leave In Escriba v. Foster Poultry Farms

Under the Ninth Circuit’s recent holding in Escriba v. Foster Poultry Farms, Inc., 743 F.3d 1236 (9th Cir. 2014), many employees now have greater flexibility to extend family and medical leave beyond the typical 12-week limit...more

Act Now Advisory: Reminder: Newark's Paid Sick Leave Ordinance Took Effect on Saturday, June 21

On June 21, 2014, the Newark, New Jersey, paid sick leave ordinance ("Ordinance") took effect. The Ordinance, which we summarized in a previous Act Now Advisory, imposes notice and posting requirements on employers....more

Newark’s Paid Sick Leave Ordinance Takes Effect

Employers in New Jersey’s largest city must prepare to comply with the new obligations required by the Ordinance. The City of Newark’s paid sick leave ordinance (the Ordinance) will take effect on June 21, 2014....more

Obama Administration Announces Proposed Rule Extending FMLA Leave Rights for Same-Sex Couples

President Obama plans to announce today a proposed rule that would allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status. ...more

Connecticut Employer Alert: Changes to Paid Sick Leave Requirements Effective January 1, 2015

Connecticut Governor Dannel Malloy recently signed a new law that amends Connecticut’s Paid Sick Leave Statute. Connecticut was the first state to mandate paid sick leave policies for service workers back in January 2012. The...more

Newark Sick Leave Law Update

The Newark Department of Child and Family Well-Being (Department) recently issued a press release on the City's new paid sick leave ordinance (Ordinance) together with FAQ forms for employees and employers. In the release,...more

Connecticut Amends Paid Sick Leave Statute to Provide Some Employer-Friendly Changes

Connecticut recently made several important revisions to its paid sick leave law in response to requests by businesses for clarification of the law’s requirements. On June 6, 2014, Governor Dannel P. Malloy signed into law...more

Newark’s Paid Sick Leave Ordinance to Take Effect on June 21, 2014

As we previously posted on March 20, 2014, the City of Newark, New Jersey passed a paid sick leave ordinance (the “Ordinance”), which requires private employers to provide paid sick leave to employees who work at least 80...more

Tenth Circuit Upholds Employer’s Inflexible Leave Policy

Equal Employment Opportunity Commission (EEOC) guidance provides that employers violate the Americans with Disabilities Act (ADA) by enforcing inflexible policies with specified leave limits. The EEOC has filed lawsuits...more

Connecticut Legislature Makes Changes to Connecticut Paid Sick Leave Law

In its most recent legislative session, the Connecticut General Assembly passed a bill that enacted a number of changes to the law commonly referred to as the Connecticut Paid Sick Leave Law, which originally went into effect...more

Extended Leave Not a Reasonable Accommodation under the Rehabilitation Act, 10th Circuit Holds

A recent appellate court ruling may affect the ability of the Equal Employment Opportunity Commission (EEOC) to challenge "inflexible" employer leave policies, policies that result in the termination of employees who are...more

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