Sick Leave

News & Analysis as of

FMLA FAQ: Can An Employer Force An Employee On FMLA Leave When The Employee Wants To Continue To Work?

Q: This week, one of our employees professed her love to one of her co-workers (who is married) and announced to everyone that they had been dating. The problem is — it’s not true. ...more

New York City Earned Sick Time Act Expanded Before Taking Effect

The Act was recently amended to cover more New York City employers and to impose even greater compliance obligations than the original law passed in 2013....more

Eleventh Circuit Rejects Employee's Request for FMLA Leave for Possible Health Conditions

The Family and Medical Leave Act provides eligible employees with up to 12 weeks of job-protected leave to deal with, among other things, a serious health condition. What happens, however, when the FMLA leave request is based...more

New York City’s New Sick Leave Law

Beginning on April 1, 2014, NYC employers with at least 20 employees must provide employees with five days (40 hours) of annual paid sick leave. The Earned Sick Time Act (Intro. No. 97-A) (the “Act”), originally passed in May...more

New York City's New Sick Time Law

General Provisions - Under the Act, private employers with five (5) or more employees must now provide paid sick time to their employees. Specifically, employers covered under the Act are now required to provide a...more

Proposed California Paid Sick Leave Law Will Require Employers to Provide Paid Sick Leave to Employees

Are you a California employer currently providing paid sick leave to your employees? You may soon have to! California Assemblywoman Lorena Gonzalez (D-San Diego) recently introduced legislation (Bill AB1522) approved by the...more

New Paid Sick Time Mandates in New York & New Jersey

A new patchwork of local laws in the New York/New Jersey metro area guaranteeing employees paid or unpaid accrued sick time will complicate employers’ sick leave policies and practices. New York City, Jersey City and Newark...more

Paid Sick Time Arrives in New York City; Department of Consumer Affairs Releases Proposed Paid Sick Time Rules and Schedules...

The New York City Earned Sick Time Act went into effect yesterday. In other news, the New York City Department of Consumer Affairs has released proposed rules to “establish requirements to implement the [paid sick leave] Act...more

New York City employers: On April 1 – were you in compliance with the Earned Sick Time Act?

As of yesterday, the New York City Earned Sick Time Act requires almost all New York City employers to provide employees with up to 40 hours of sick leave each year. ...more

NYC Paid Sick Time Law Effective Today, April 1, 2014

Executive Summary: The New York City Earned Sick Time Act ("the Act") went into effect on April 1, 2014. The Act requires employers with at least five employees who work at least 80 hours per year in NYC to provide all such...more

New York City Mayor Signs Expanded Sick Time Law, Effective April 1, 2014

On March 20, 2014, New York City Mayor Bill de Blasio signed amendments to the New York City Earned Sick Time Act which, according to his administration, will extend the right to paid sick leave to a half million more New...more

New York City Earned Sick Time Act Notice of Employee Rights Has Finally Been Published

As most New York City employers know by now, the New York City Earned Sick Time Act (“Act”) is scheduled to go into effect on April 1, 2014. While the Act was adopted in the summer of 2013, it was subsequently amended after...more

I Need a Vacation, Doctor’s Orders

Having a chronic serious health condition doesn’t entitle an employee to take leave whenever he chooses. Even if the leave would be medically beneficial, it has to correspond to a period of incapacity. In Hurley v. Kent of...more

This is no April Fool’s Day Joke: Tuesday, April 1, 2014 is the Deadline for Employers to Comply with the New York City Earned...

Have you taken the steps necessary to comply with NYC’s paid sick leave law yet? If not, what are you waiting for? The Act goes into effect on Tuesday, April 1, 2014. We’ve covered the law’s many requirements in various prior...more

New York City Earned Sick Time Act Amendments

Last week, Mayor Bill de Blasio signed legislation expanding the Earned Sick Time Act (“ESTA”) for New York City-based employers – just in time for its impending effective date on April 1st....more

Newark, New Jersey Mayor Signs Sick Leave Ordinance Into Law

In our February 2014 issue of the New Jersey eAuthority, we reported that the Newark City Council had approved a sick leave ordinance that would provide the majority of private employees working in Newark with mandatory paid...more

Did You Know...Depression Does Not Automatically Qualify An Employee For FMLA Leave

In recent years, employers have been bombarded by increasing numbers of lawsuits by employees with mental disabilities alleging discrimination and retaliation. These lawsuits are based on a variety of theories including...more

Update: Amendments to New York City’s Paid Sick Leave Law

On March 20, 2014, New York City Mayor Bill de Blasio signed into law the first piece of legislation in his tenure: amendments to the Earned Sick Time Act (“ESTA”) that impose additional requirements on almost all private...more

Act Now Advisory: Nothing to Sneeze At: New York City Mayor Signs Earned Sick Time Act into Law, Effective April 1

On March 20, 2014, New York City Mayor Bill de Blasio signed his first bill into law as mayor, amending the Earned Sick Time Act ("ESTA"), which requires the City's private employers with five or more employees to provide...more

Mayor de Blasio Signs New York City Sick Leave Law - Notice of Rights Available

New York City Mayor Bill de Blasio signed the amended version of the Earned Sick Time Act ("ESTA") on Thursday, March 20, 2014. The Earned Sick Time Act takes effect on April 1, 2014. To learn more about the New York City...more

Newark Becomes Second City in New Jersey To Pass Paid Sick Leave Ordinance

The City of Newark, New Jersey recently passed a paid sick leave ordinance (the “Ordinance”) which requires private employers to provide paid sick leave to employees who work at least 80 hours per year in Newark. Newark is...more

Employees May Choose to Use Vacation Instead of FMLA or CFRA Leave for Medical Absences

The Ninth Circuit (California) held in Escriba v. Foster Poultry Farms, Inc. that an employee can choose to use vacation instead of leave under the Family and Medical Leave Act (“FMLA”) or California Family Rights Act...more

Revised New York City Earned Sick Time Act Effective on April 1, 2014

In a March 17 press conference, New York Mayor Bill de Blasio announced that later this week he will sign into law two bills that significantly expand the provisions of the New York City Earned Sick Time Act (Act). The Act,...more

Fenwick Employment Brief - March 2014

In February, the San Francisco Board of Supervisors passed the Fair Chance Ordinance, which limits when and to what extent employers can inquire into the criminal history of applicants and employees. The ordinance also...more

D.C. Expands Paid Sick Leave Law

Last week, an amendment to the District of Columbia Accrued Sick and Safe Leave Act of 2008 (the "ASSLA") came into effect. The amendment, called the Earned Sick and Safe Leave Amendment Act of 2013 (the "Amendment"),...more

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