News & Analysis as of

Unpaid Leave

A Generic Doctor’s Note, Without More, Will Not Support A Claim Under The NJLAD

Does this sound familiar?  Your employee hands you a note from his doctor stating, “Please excuse Josh from work from 3/18 through 4/20 when he will be reevaluated.”  Often, doctor’s notes say little else, and many times you...more

Negotiating the Maze of Overlapping Leave Laws

by Payne & Fears on

Our experienced employment lawyers review major federal and California laws regarding employee leaves of absence and how they impact employers in 2017 and beyond. Topics include: • Creating a checklist for handling requests...more

Intermittent Leave Under the FMLA – The Basics

Congress adopted the Family and Medical Leave Act of 1993 (“FMLA”) to provide job security for employees who must miss work due to their own serious health condition, the birth of their children, to care for family members...more

“Congratulations – Now, Back To Work!” What Employers Need To Know About The Fifth Trimester

by Fisher Phillips on

Parents everywhere are familiar with the joys and trials of the three trimesters of pregnancy. The term “fourth trimester” has also gained widespread recognition, that three-month period when a baby gets used to living...more

Is It Time To Recall Some Of Your HR Policies?

by Fisher Phillips on

Factory recalls have become a fact of life for those who sell and drive vehicles. The scenarios have a common theme: a vehicle part does not operate as designed or is determined to present a possible risk of failure. Once...more

Congress Proposes Adding Parental Bereavement Leave to FMLA

by Jackson Lewis P.C. on

On March 16th, a bipartisan group of Representatives, which included Paul Gosar, Don Beyer, Martha McSally, Brad Schneider, Tom Suozzi and Barbara Comstock, introduced the Parental Bereavement Act of 2017, also known as the...more

Dispelling the 10 Biggest Wage and Hour Myths – Part II

I’m happy to report (at least from the standpoint of my own safety) that I was unable to find any evidence last night of the existence of a Big Foot or Sasquatch roaming the neighborhoods of Orefield, Pennsylvania.  That...more

Whistleblower’s Attorney’s Communications with Regulators Found to be Protected by Work Product Doctrine

A California Magistrate Judge in BofI Federal Bank v. Erhart ruled that a whistleblower’s attorney’s communications sent to federal regulators were protected by the attorney work product doctrine. No. 15-cv-2353 (S.D. Cal....more

Illinois Increases Protected Leaves for Employees

by Littler on

Just two months after Chicago became the second city in the Midwest to require employers to provide paid sick leave, Illinois has enacted three laws that entitle employees to additional protected leaves.  The Child...more

Are Foreign Nationals on H-1B Work Visas Eligible for FMLA Leave?

by Franczek Radelet P.C. on

Over the past few months, I’ve been asked by clients whether foreign nationals who are in the United States on work visas are eligible for FMLA leave. Honestly, I didn’t know the answer to the question when I was first...more

New Illinois Law Requires Unpaid Child Bereavement Leave

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Illinois enacts child bereavement leave, requiring employers provide paid leave should an employee experience the loss of a child. On July 29, 2016, Illinois became one of only two states (the other...more

Illinois Requires Child Bereavement Leave

by Hinshaw & Culbertson LLP on

Illinois recently joined Oregon as the second state to require certain bereavement leave by passing a law requiring unpaid leave for employees who suffer the death of a child....more

New Illinois Law Requires Unpaid Child Bereavement Leave

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Illinois recently became one of two states to enact a statute requiring certain employers provide two weeks of unpaid leave to employees who suffer the loss of a child. On July 29, 2016, Illinois...more

New Illinois Law Provides Bereavement Leave

by Franczek Radelet P.C. on

The Child Bereavement Leave Act (“the Act”) became effective July 29, 2016, and it provides up to two weeks (10 working days) of unpaid leave to employees in the event of the death of an employee’s child. The Act applies...more

EEOC Issues Guidance Regarding Leave as an Accommodation Under the ADA

by Ervin Cohen & Jessup LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a guidance to employers regarding an employer’s obligation under the Americans with Disabilities Act (ADA) to provide unpaid leave or extend a paid leave...more

Wisconsin Bone Marrow and Organ Donation Leave Law In Effect as of July 1, 2016

Effective as of July 1, 2016, employers in Wisconsin who employ at least 50 individuals are required to provide eligible employees with up to six weeks of unpaid leave in a 12-month period to undergo and recover from bone...more

New Wisconsin Organ and Bone Marrow Donation Leave Law Becomes Effective July 1, 2016

by Ruder Ware on

Some may have forgotten that on April 1, 2016, Governor Walker signed a new law providing qualifying employees with the right to take up to 6 weeks of unpaid leave from work in a 12-month period, to serve as bone marrow and...more

New EEOC Guidance on Leave Imposes Greater Obligations on Employers

by Akerman LLP - HR Defense on

Employers must consider providing unpaid leave and giving priority to disabled employees who want to be re-assigned under new guidance from the EEOC last month. In the new EEOC Guidance available here “Employer-Provided Leave...more

Minneapolis Approves Paid Sick Leave Law

The Minneapolis city council has approved an ordinance requiring employers with six or more employees to provide up to 48 hours of paid sick leave each year. Employers with five or fewer employees will be required to provide...more

Corporations and the 2016 Federal Election: Do You Know What Your Employees Are Doing?

by Genova Burns LLC on

As the 2016 presidential primary season proceeds, we are quickly approaching the summer conventions and the November presidential election. With the political contests becoming more heated, this post is part of a new series...more

Be-Leave It — New EEOC Guidance Emphasizes Leaves of Absence as Reasonable Accommodations

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC recently issued “new” guidance for addressing leave as a reasonable accommodation. Employers must remember to consider unpaid leave as an accommodation, when appropriate, even if an employee would...more

EEOC Issues Guidance on Providing Unpaid Leave as a Reasonable Accommodation Under the ADA

Motivated by the increasing number of disability discrimination charges related to leave policies, the Equal Employment Opportunity Commission (EEOC) recently issued new guidance discussing unpaid leave as a reasonable...more

Be a Donor …. and Qualify for Unpaid Leave: New Wisconsin Law Goes Into Effect Soon

Effective July 1, 2016, Wisconsin law will require covered employers to provide eligible employees with up to 6 weeks of unpaid leave in a 12-month period to undergo and recover from bone marrow or organ donation procedures....more

EEOC Releases New Guidance on Unpaid Leave as a Reasonable Accommodation Under the ADA

The Equal Employment Opportunity Commission (“EEOC”) has released new guidance on unpaid leave as a reasonable accommodation under the Americans with Disabilities Act (“ADA”). The guidance, issued on May 9, 2016, makes clear...more

Decision 2016: Do Employees Get Time Off to Vote?

With the 2016 Presidential primary elections in full swing, employers should be informed about their obligations as to when an employee requests time off to visit the polls. An employer’s obligation varies by state law and...more

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