Sick Leave

News & Analysis as of

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

New Minnesota Law Should Prompt Employers To Review and Modify Employee Handbooks and Practices

This week, the Minnesota Governor signed the Women’s Economic Security Act (“WESA”) into law. The WESA makes a sweeping variety of changes and additions to Minnesota law aimed at protecting women’s economic security. These...more

Minnesota's New Women's Economic Security Act Becomes Law - Employers Need To Take Note As Some Provisions Are Effective...

On Mother’s Day, May 11, 2014, Governor Dayton signed Minnesota’s new Women’s Economic Security Act into law. Employers should take note of the following provisions, some of which are effective immediately...more

EEOC Sues AutoZone for Fourth Time for Violating Americans with Disabilities Act

Federal Agency Charges Giant Auto Parts Retailer Failed to Accommodate Disability-Related Absences of Employees, Retaliated Against Employee for Protesting - CHICAGO - AutoZone, Inc. violated federal law when it...more

Amendements to Connecticut’s Paid Sick Leave Law

Important amendments to the Connecticut Paid Sick Leave Act were included in this year’s legislation passed by the Legislature and expected to be signed by Governor Malloy....more

Malingering: Yes, it May Get You Fired

A recent submission in an advice column on Boston.com struck my eye and the scenario should be no surprise to the modern worker. A Massachusetts at-will worker decides to take a “mental health day” and calls in sick, despite...more

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