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Medical Leave

Mintz - Employment Viewpoints

The Massachusetts Supreme Judicial Court Clarifies Rules on Benefit Accrual During PFML

On September 13, 2024, the Massachusetts Supreme Judicial Court (the “SJC”) ruled that the Massachusetts Paid Family and Medical Leave Act (the “Act”) does not guarantee the accrual of benefits such as sick leave, vacation...more

Mintz - Employment Viewpoints

Massachusetts Paid Family and Medical Leave: “Topping Off” Benefits is Determined by Employer Policy

Effective November 1, 2023, the Massachusetts Department of Family and Medical Leave (the “Department”) required employers to permit an employee, in the employee’s sole discretion, to supplement or “top off” their...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Maine Paid Family and Medical Leave Start Date for Payroll Withholdings and Quarterly Wage Reports Is January 1, 2025

The start date for payroll withholdings and submissions of quarterly wage reports under the Maine Paid Family and Medical Leave (MPFML) Program is January 1, 2025, leaving employers with a sense of urgency as the compliance...more

Bricker Graydon LLP

You Get A State Law! You Get A State Law!

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Employers are governed not only by federal wage and hour, discrimination, leave, and other such laws, but also by a patchwork of state and local employment laws. In our experience, employers are often unaware of state and...more

Fisher Phillips

Massachusetts High Court Sides with Employers: Benefit Accrual Not Required During Paid Family and Medical Leave

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In a rare win for Massachusetts employers, the Supreme Judicial Court just ruled that employers generally have no obligation to allow employees to continue accruing benefits, such as seniority, vacation, and sick time, while...more

Littler

Littler Lightbulb: August Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Maynard Nexsen

Fourth Circuit Affirms Employers’ Right to Investigate and Take Action for Suspected FMLA Leave Misuse

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In Shipton v. Baltimore Gas and Electric Company, the Fourth Circuit Court of Appeals affirmed the district court’s summary judgment rulings to dismiss the plaintiff’s Family and Medical Leave Act (FMLA) interference and...more

Clark Hill PLC

The Learned Concierge - August 2024, Vol. 11

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The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Littler

Ontario, Canada Appeal Court Finds Aggravated Damages Award Can Be Made Without Medical Evidence of Diagnosable Psychological...

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The Court of Appeal for Ontario (OCA) recently held that an employee may be awarded aggravated damages for an employer’s bad-faith conduct during the employee’s dismissal even in the absence of medical evidence identifying a...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Expands Employer Protections Against Suspected FMLA Misuse

While the Family and Medical Leave Act (FMLA) is designed to protect employees who suffer from a qualifying "serious health condition that makes the employee unable to perform the functions of" their job, its administration...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Holds a Second Medical Opinion Is Not Necessary to Challenge an Employee’s Entitlement to FMLA Leave

The U.S. Court of Appeals for the Ninth Circuit recently held that an employer may challenge an employee’s entitlement to the benefits of the Family and Medical Leave Act (FMLA) without the necessity of obtaining a second...more

Jackson Lewis P.C.

Michigan Supreme Court Invalidates Legislative Amendments to Minimum Wage, Paid Sick Leave Measures

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Michigan employers soon will face a significantly higher minimum wage and more onerous employee sick leave obligations after the Michigan Supreme Court invalidated the Michigan legislature’s amendments related to two voter...more

Littler

Michigan Supreme Court Voids Existing Minimum (Cash) Wage and Paid Sick Leave Laws and Revives Old Laws

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On July 31, 2024, the Michigan Supreme Court, in a 4-to-3 decision, found unconstitutional legislative amendments that significantly revised minimum wage, tip, and paid sick leave standards....more

Littler

Untangling the Oregon Leave Quagmire – Answers to Common Compliance Questions in Light of Recent Legislative Changes

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If you have employees working in Oregon, chances are you have heard about Oregon’s Paid Family and Medical Leave Insurance Program also known as Paid Leave Oregon (“PLO”). In addition to PLO, eligible Oregon employees may be...more

Adams and Reese LLP

Mandatory PFML Requirements for Employers in the “Swamp” and “Rocky Mountain High”

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This month, in the final part of our Adams and Reese Paid Family and Medical Leave series, we examine highlights of the mandatory PFML laws in Colorado and the District of Columbia, two other jurisdictions within the Adams...more

U.S. Equal Employment Opportunity Commission...

Didlake, Inc. Pays More Than $1 Million in EEOC Disability Discrimination and Retaliation Lawsuit

Nonprofit Denied Accommodations to Deaf and Hard-of-Hearing Employees and Fired Employees Who Requested Medical Leave, Federal Agency Charged - WASHINGTON – Didlake, Inc., a government contractor that provides janitorial...more

Hall Benefits Law

Reducing the Stigma of Paid Parental Leave for Fathers

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Research by the Society for Human Resource Management (SHRM) in 2023 shows that paid maternity and paternity leave increased by five percent last year, with 32% of employers now offering paid paternity leave. Furthermore,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Maine DOL Issues Proposed Rules for Paid Family and Medical Leave Program

The Maine Department of Labor published proposed rules for Maine’s new Paid Family and Medical Leave (PFML) Program on May 20, 2024, providing initial clarification for employers regarding covered employees, contribution...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FMLA Doesn’t Shield Employee From Dismissal Due to Misconduct Prior to Leave Request, District Court Rules

On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical...more

ArentFox Schiff

Top 10 Legal Challenges for Employers

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With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Maine Paid Leave Insurance Fund Contributions to Begin in 2025, Rulemaking Process Imminent

Maine employers may be preparing to comply with Maine’s Paid Family and Medical Leave (PFML) program as required payroll contributions to the PFML Insurance Fund are set to begin on January 1, 2025, but questions remain as...more

Carr Maloney P.C.

Maryland Adopts Family and Medical Leave Insurance Requirements

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Maryland has prepared to join D.C., Delaware, and New Jersey in launching the Family and Medical Leave Insurance program, which promises to provide employees in the State with paid leave under certain circumstances. The FAMLI...more

Sheppard Mullin Richter & Hampton LLP

Maryland Paid Family Leave Employer Contributions Begin This Year – What Employers Need to Know and Expect

In 2022, the Maryland General Assembly passed the Time to Care Act of 2022 (the “Act”), setting up a paid family and medical leave program for Maryland employees. Through Family and Medical Leave Insurance (“FAMLI”), eligible...more

Holland & Hart - Employers' Lawyers

Pay Obligations During Doctor-Recommended Leave of Absence

Question: We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended time off until specific medical restrictions can be determined....more

Fisher Phillips

Governor Signs Sweeping Changes to Untangle Oregon’s Jumbled Leave Laws: Key Takeaways and a 5-Step Action Plan for Employers

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Governor Kotek signed a bill into law today harmonizing Oregon’s overlapping and confusing set of leave laws. The new framework distinguishes different types of leave events under the state’s various laws and stops those...more

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