News & Analysis as of

Leave of Absence Employees

Littler

Pay During Illness in the Netherlands: More Money for Employees Who Partially Return to Work?

Littler on

Many employers in the Netherlands will recognize this scenario: an employee has been ill for some time and, on the advice of the occupational physician or occupational health and safety service, carefully begins to return to...more

Littler

Canada: Another Arbitrator Considers Interaction Between Canada Labour Code Leave Entitlements and Other Leave Entitlements

Littler on

In Teamsters Local Union 987 of Alberta v Purolator Inc., 2024 CanLII 21937 (CA LA), an arbitrator dealt with a clash between the amount of leave days under a unionized employer’s collective agreements (CA) and the leave...more

Littler

The New Carer’s Leave Entitlement and What it Means for Employers in Great Britain

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As flagged in our legal roundup article for 2024, employees in England, Scotland and Wales will have a statutory entitlement to take one week of unpaid carer’s leave from April 6, 2024 onwards....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

Lowndes

Weathering an Employer's Duties During the Storm - August 2023

Lowndes on

Florida’s tax-free holiday for “disaster preparedness” started just days ago, and residents are quickly taking advantage of the opportunity to shop for supplies in advance of Hurricane Idalia. Employers should also be...more

Brownstein Hyatt Farber Schreck

New Colorado Military Leave Law Now in Effect

Update for Employers With Colorado Employees Who Are Members of the Colorado National Guard or U.S. Armed Forces Reserves - Effective earlier this year, HB23-1045 clarifies employment leave requirements for members of the...more

Polsinelli

Department of Labor Issues Guidance on FMLA Leave during a Week with A Holiday

Polsinelli on

Just in time for the summer holidays, the United States Department of Labor (“DOL”) recently issued an opinion letter providing guidance regarding calculating the amount of leave used when an employee takes federal Family and...more

Littler

Ontario, Canada Appeal Court Shows Importance of Proper Assessment of Employees’ Entitlement to LTD Benefits When on Leave or...

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In Soave v. Stahle Construction Inc., 2023 ONCA 265, the Ontario Court of Appeal (OCA) allowed an employer’s appeal of the trial judge’s finding that an employee who was on a temporary leave at the time of an injury was...more

Franczek P.C.

Checklist for End of COVID Health Emergency

Franczek P.C. on

Governor Pritzker’s disaster proclamation, declaring a public health emergency due to COVID-19, ends today, May 11, 2023. As a result, COVID-leave rights, and other rights contingent upon the Governor’s public health...more

Bradley Arant Boult Cummings LLP

Bueller? Bueller? EEOC Examining Attendance Policies for ADA Violations

Do you have a “no fault” attendance policy or some other way in which employees get points for absences? If so, be careful. A recent Eleventh Circuit matter, EEOC v. Eberspaecher North America, Inc. suggests that the Equal...more

Littler

The Littler Annual Employer Survey Report - May 2023

Littler on

Executive Summary - Widespread economic uncertainty. Evolving workforce expectations. Accelerating use of artificial intelligence (AI). A shifting patchwork of local, state and federal regulations. Numerous headwinds...more

Pullman & Comley - Labor, Employment and...

Reduce Your Risk of Employment Claims in 2023 - Tips #3 and #4

This is the second installment in our series, 10 Tips to Reduce Risk of Employment Claims in 2023. Each tip will discuss an issue our Labor & Employment Practice saw last year, along with suggested action steps that employers...more

Bradley Arant Boult Cummings LLP

Avoid the Naughty List: Eighth Circuit Insight into Handling Requests for Reasonable Accommodations under the ADA

We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more

DarrowEverett LLP

2023 State Employment Law Updates: From Pay to Hair, Cannabis, and More

DarrowEverett LLP on

The coming new year brings new changes, new goals, and newly amended employment laws. Although some jurisdictions jumped the gun (looking at you D.C. noncompete law), starting on January 1, many states are implementing new...more

Sheppard Mullin Richter & Hampton LLP

New Year Brings New Laws for Illinois Employers

The New Year will usher in several new Illinois employment laws. These laws cover a myriad of topics and will require revisions to employee handbooks and general employment policies....more

Foley Hoag LLP

New York Prohibits Retaliation Against Employees for Lawful Absences

Foley Hoag LLP on

New York has passed a new law intended to ensure that workers are permitted to take lawful absences from work without being penalized. The new measure amends Section 215 of the New York Labor Law to prohibit an employer from...more

Saul Ewing LLP

New York Strengthens Retaliation Protections for Workers Taking Lawful Absences

Saul Ewing LLP on

The New York Labor Law has been amended to clarify that workers may not be punished or disciplined for taking legally protected absences. Under Section 215 of the Labor Law, employers are prohibited from retaliating against...more

Littler

An Employer’s Guide to New York State’s New Lawful Absence Law

Littler on

On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the “lawful absence law”), which amends Section 215 of the New York Labor Law (NYLL), to prohibit employers from disciplining employees...more

Clark Hill PLC

Sixth Circuit Clarifies Foreseeability and Notice Requirements Under FMLA

Clark Hill PLC on

On Nov. 16, the United States Court of Appeals for the Sixth Circuit issued a published decision clarifying the notice requirements under the Family and Medical Leave Act (“FMLA”). The Court held that a former assembly...more

Steptoe & Johnson PLLC

Fourth Circuit Rules That “Usual and Customary” Notice Procedures Are Not the Same as a Written Policy

Steptoe & Johnson PLLC on

In Roberts v. Gestamp West Virginia, LLC, the Fourth Circuit Court of Appeals—which covers Maryland, West Virginia, Virginia, North Carolina, and South Carolina—held that when an employer allows an employee to use an informal...more

Littler

British Columbia Tribunal Finds Employer that Unilaterally Removed Employee on Maternity Leave from Management Position Liable for...

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The British Columbia Human Rights Tribunal’s decision in LaFleche v. NLFD Auto, 2022 BCHRT 88, provides employers with insight into how they should conduct themselves while their employees are on a leave of absence.  The...more

Holland & Hart - Employers' Lawyers

Requiring Doctor’s Note for Employee Absences

Question: An employee has missed work several times to attend doctor’s appointments and has discussed certain health issues. At what point can we require a doctor’s note to continue to work?...more

Faegre Drinker Biddle & Reath LLP

Ontario Again Extends Temporary Relief from the ESA’s Termination and Severance Provisions

As we previously highlighted, on May 29, 2020, the Province of Ontario enacted Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), under the Employment Standards Act, 2000 (ESA). The IDEL...more

Sheppard Mullin Richter & Hampton LLP

New York Department of Labor Significantly Expands COVID-19 Quarantine Leave

On January 20, 2021 – nearly a year after the law’s effective date – the New York Department of Labor (“NYDOL”) issued new guidance (the “Guidance”) for employers regarding the scope of available sick leave for employees...more

Sheppard Mullin Richter & Hampton LLP

New Year, New Rules: New York Employees May Begin Taking Paid Sick Leave January 1, 2021

The New York State Paid Sick Leave law (“NYSPSL”) and the amendments to the New York City Paid Safe and Sick Leave law (“ESSTA”) expanding employees’ paid sick leave entitlements will go into full effect on January 1, 2021....more

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