Sick Leave

News & Analysis as of

BREAKING NEWS: California Legislature Passes Mandatory Paid Sick Leave Bill

On Saturday, August 30, 2014, in the early morning hours and amid controversy among labor supporters, the California legislature passed a bill that provides workers with three paid sick days per year. Governor Brown...more

Final Rules Adopted Clarifying Employers’ Obligations under the New York City Earned Sick Time Act

The New York City Earned Sick Time Act (ESTA or the Act) went into effect on April 1, 2014, giving many New York City employees up to 40 hours of paid sick time per year. Since March, the Department of Consumer Affairs (DCA)...more

EEOC Sues Employer for Requiring Medical Details as Part of Sick Leave Approval

Employers that provide paid sick leave benefits often require doctors’ notes confirming the employee’s need to be out of work. Last month, the Equal Employment Opportunity Commission filed suit against a Pennsylvania employer...more

Eugene Follows Portland’s Lead: Employers Required to Provide Paid Sick Leave

The Eugene City Council passed a sick leave ordinance this week that affects most employers engaged in business in the City of Eugene. The Eugene ordinance, which is scheduled to take effect July 1, 2015, requires that...more

San Diego City Council Approves Minimum Wage Increase and Sick Pay Ordinance

The San Diego City Council recently approved an ordinance raising the city’s minimum wage to $11.50 per hour by 2017. This wage increase will take effect incrementally over a three-year period, putting San Diego ahead of...more

Reminder: Newark Sick Leave Ordinance Now In Effect

Newark’s Sick Leave Ordinance went into effect on June 21, 2014. For a detailed discussion of the ordinance, including how to comply with its notice and posting requirements...more

Court Recommends Supervalu/Jewel-Osco Be Held in Contempt for Violations of EEOC Consent Decree in Disability Case

Federal Agency Obtains Relief for Three Jewel Employees Denied Accommodation, Court Calls for Extension of Decree and Appointment of Special Master - CHICAGO - Federal Magistrate Judge Michael Mason has entered a...more

City of San Diego Imposes Minimum Wage Hike and Sick Pay Ordinance

Rejecting a call to place a proposed minimum wage hike on the November ballot as a referendum item, on July 14 the San Diego City Council approved an ordinance raising the city’s minimum wage to $11.50 per hour by 2017....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

Employment Flash (June 2014)

In This Issue: - NLRB Recess Appointments Unconstitutional - SEC Brings First-Ever Employment Retaliation Claim - EEOC Challenges Employer Severance Agreements - New York State Transportation Industry...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

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

Pregnancy and “Forced Sick Leave.” The Intersection of State and Federal Law, and What Is Permissible In the Connecticut Workplace

The situation that is at the epicenter of a recent controversy involving a Pier 1 employee, and a recent Connecticut federal court case, arises in the context of a pregnant employee being unable to carry out essential job...more

FMLA FAQ: Am I Required to Pay My Employee for Holidays Occurring During FMLA Leave?

There must be something in the water, but several clients have asked me this week whether they are required to pay an employee for the Memorial Day holiday even though the employee was out on FMLA leave. ...more

Employer's Failure to Provide Timely FMLA Paperwork Creates No Claim Absent Proof Employee Was Able to Work

Department of Labor regulations issued under the Family and Medical Leave Act require employers to provide FMLA eligibility and designation notices. Employers frequently fail to provide these notices, or provide them after...more

It’s Catching: Is the Spread of Paid Sick Leave Laws Making Employers Ill?

As winter has turned to spring, and flu season has turned to allergy season, have your employees been accruing government-mandated paid sick leave? They might be if they happen to work in New York City (NYC), Newark, or...more

What you need to know about the continuing trend to regulate employers at the local level

The increasing regulation of private-sector employers at the city, county, and local regional agency level is a significant continuing trend. Many state and federal employment laws expressly allow or don’t expressly preempt...more

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