News & Analysis as of

Employer Liability Issues Unpaid Leave

Littler

New Guidance Permits Oregon Employers to Rescind Previously Protected Unpaid Family and Medical Leave Effective July 1, 2024

Littler on

Oregon’s Paid Family and Medical Leave Insurance Program (“Paid Leave Oregon”) generally provides eligible employees with up to 12 weeks of paid time off for leave that qualifies as family, medical, or safe leave. Since Paid...more

Shook, Hardy & Bacon L.L.P.

New York City’s Latest Amendments on Earned Sick and Safe Time Provides a Private Right of Action Including Compensatory Damages,...

Effective March 20, 2024, the New York City Earned Sick and Safe Time Act (ESSTA) creates a private cause of action for alleged statutory violations. Employers may now face potential civil and/or class actions, in addition to...more

Lerch, Early & Brewer

Maryland Law Provides Protected Organ and Bone Marrow Donation Leave – Do Your Policies to Comply?

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Effective October 1, 2019, employers with 15 or more employees in Maryland must provide eligible employees with unpaid leave to serve as organ or bone marrow donors. Leave provided under the law is separate from, and cannot...more

Stokes Wagner

You Can Now Get Privately Sued for Failing to Provide NYC Safe and Sick Leave

Stokes Wagner on

Effective March 20, employees in New York City can bring private actions against their employers for violations of the city’s Earned Safe and Sick Time Act, NYC Admin. Code § 20-911 et seq. ...more

Weintraub Tobin

(Podcast) California Employment News: SB848 – Protected Leave for Reproductive Loss

Weintraub Tobin on

There are a number of statutes in California that grant eligible employees the right to take a leave of absence for various reasons. SB848 creates a new leave of absence entitlement under CA law regarding reproductive loss....more

Weintraub Tobin

California Employment News: SB848 – Protected Leave for Reproductive Loss

Weintraub Tobin on

There are a number of statutes in California that grant eligible employees the right to take a leave of absence for various reasons. SB848 creates a new leave of absence entitlement under CA law regarding reproductive loss....more

Locke Lord LLP

Additional Expansions of Illinois Employee Leave Rights

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With Illinois implementing mandatory paid leave for all workers (see our commentary on that requirement here), not to mention Chicago’s parallel ordinance and the eleventh-hour postponement thereof, it is no wonder that...more

Bennett Jones LLP

Fundamental Breach or Reasonable Balance? Alberta Court Affirms Employer’s Mandatory COVID-19 Vaccination Policy

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In the case of Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Van Hee), Justice L.L. Burt of the Alberta Court of Justice (the Court) held that an employer was justified in unilaterally placing an employee on an unpaid...more

Littler

Alberta, Canada Court Holds Placing Employee on Unpaid Leave for Failure to Comply with Mandatory COVID-19 Vaccination Policy is...

Littler on

In Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Glenmore), the Alberta Court of Justice found that an employer’s mandatory vaccination policy was a reasonable, justified and lawful response to the extraordinary...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 2 "Reproductive Leave for California"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on California employers. On the second day of the holidays, my...more

Littler

Dear Littler: What Do We Need to Know about School-Activity Leave Laws?

Littler on

Dear Littler, Our company is expanding and we are concerned about compliance with all of the various state leave laws.  We think we’re on top of most of them, but we understand that some states have laws requiring leave...more

Akerman LLP - HR Defense

As School Bells Ring, Employers Should Review School-Related Activities Leave Policies

Another school year is upon us, which means employers around the country should study up on school-related activities leave policies. While there is no federal law mandating that employers give employees time-off to attend...more

Dickinson Wright

The 6th Circuit Clarifies Retaliation Under the FMLA

Dickinson Wright on

On January 25, 2023, the United States Court of Appeals for the Sixth Circuit held that an employee’s notice of need for leave, regardless of whether the employee was ultimately entitled to the leave, was protected conduct...more

Hogan Lovells

Virginia employers take note: New 2023 employment laws are now in effect

Hogan Lovells on

Virginia employers should be aware of several new employment laws that took effect July 1, 2023. Among other changes, these laws prohibit the enforcement of certain confidentiality and non-disparagement agreements; require...more

McGuireWoods LLP

Virginia General Assembly 2023 Employment Law Roundup

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The Virginia General Assembly’s 2023 legislative session concluded with Gov. Glenn Youngkin signing 738 bills into law and amending another 78. With a divided government characterized by Republican control of the governor’s...more

Littler

Ontario, Canada: Paid Infectious Disease Emergency Leave (IDEL) Ends March 31 But Unpaid IDEL Remains Available

Littler on

On March 23, 2023, Ontario released its 2023 Ontario Budget: Building a Strong Ontario (2023 Budget). The Budget provides that Paid Infectious Disease Emergency Leave (Paid IDEL) will expire on March 31, 2023....more

Locke Lord LLP

A Review of Planned Changes in UK Employment Law

Locke Lord LLP on

After six years of the UK political agenda being dominated by Brexit, the COVID-19 pandemic, and significant political upheaval, the UK has returned to more normality and, with that, some significant expected employment law...more

BCLP

PRC Legal Update: Termination of Employment in China and Issues to Note during Covid-19 Pandemic

BCLP on

Termination of employment by employers in China is virtually never easy even in absence of a crisis situation. When it comes to the economic downturn, employee dismissal becomes far more sensitive....more

Stikeman Elliott LLP

Extraordinary Times Call for Extraordinary Measures: Unpaid Leave for Non-Compliance with Mandatory Vaccination Policy Not...

Stikeman Elliott LLP on

With the decision of the British Columbia Supreme Court in Parmar v Tribe Management Inc. 2022 BCSC 1675 (“Parmar”), Canada has its first judicial decision considering whether placing a non-union employee on unpaid leave of...more

Littler

British Columbia Court Finds Employer May Place Employee on Unpaid Leave for Failing to Comply with its Mandatory COVID-19...

Littler on

Although arbitrators in Canada have considered whether an employer in a unionized workplace can place an employee on unpaid leave for failing to comply with its mandatory COVID-19 vaccination policy, the British Columbia...more

CDF Labor Law LLP

California Expands Bereavement Leave Benefits

CDF Labor Law LLP on

Governor Gavin Newsom signed Assembly Bill 1949 into law on September 29, 2022. This bill requires covered employers to provide eligible employees with 5 days of unpaid bereavement leave for the death of an employee’s family...more

Husch Blackwell LLP

Seventh Circuit Upholds Exclusion of Pregnant Workers from Temporary Alternative Duty Policy

Husch Blackwell LLP on

In a recent decision, the United States Court of Appeals for the Seventh Circuit held that an employer did not violate the Pregnancy Discrimination Act (PDA) despite excluding pregnant workers from its “Temporary Alternative...more

Fisher Phillips

California Mandates Unpaid Bereavement Leave for Employees: 4 Takeaways for Employers

Fisher Phillips on

A new law will require California employers to update their handbooks and leave policies — including their sick leave policies — to account for a new employee bereavement benefit. Governor Newsom approved the bill on...more

Parker Poe Adams & Bernstein LLP

Federal Court Upholds Employer's Ability to Limit Light Duty to Workers' Comp Situations

​​​​​​​In Young v. United Parcel Service, the U.S. Supreme Court held that an employer’s light duty program that excludes workers with pregnancy limitations can violate federal pregnancy discrimination laws. However, the...more

Bradley Arant Boult Cummings LLP

Are Your Employees Covered by a State Paid Family and Medical Leave Program? The CRS Can Tell You If They Are

Paid leave benefits are a hot topic these days. The Congressional Research Service (CRS) has issued an updated report on states that have Paid Family and Medical Leave (PFML) programs and how they work....more

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