News & Analysis as of

Medical Leave Employment Policies

Foley Hoag LLP

SJC Rules that Employees Do Not Accrue Benefits During Massachusetts Paid Family & Medical Leave

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In its September 13, 2024 decision in Bodge et al. v. Commonwealth et al., SJC-13567 (2024), the Massachusetts Supreme Judicial Court (“SJC”) ruled that an employer’s policy of denying the accrual of certain benefits to...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

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

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

Eleventh Circuit Upholds Ruling for Employer on ADA Claims Where Employee Submitted Noncompliant Return-to-Work Letter

On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an...more

Brownstein Hyatt Farber Schreck

Nevada Expands Domestic Violence Leave Law to Include Sexual Assault

Starting in January, Nevada employers will need to update their leave policies and posted employment notices to reflect recent legislation seeking to accommodate sexual assault victims....more

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

Massachusetts Paid Family and Medical Leave Program: December 2023 End-of-Year Update

The Massachusetts Department of Family and Medical Leave (DFML) recently provided several significant updates related to the Commonwealth’s paid family and medical leave (PFML) program as 2023 comes to a close. ...more

ArentFox Schiff

Significant Changes to Massachusetts Paid Family Leave Coming on November 1, 2023

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Beginning on November 1, 2023, employees receiving paid benefits under the Massachusetts Paid Family and Medical Leave law (PFML) can supplement, or “top off,” the state paid benefit with other accrued paid time off such as...more

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

Massachusetts Department of Paid Family and Medical Leave Revises Guidance on Topping Off Benefits With Accrued Paid Leave

After several years of evolving guidance, the Massachusetts Department of Family and Medical Leave (DFML) has announced that starting November 1, 2023, employees who apply for paid family and medical leave (PFML) benefits...more

Sands Anderson PC

Navigating Reasonable Accommodations: Lessons from the Fourth Circuit’s Recent UPS Case

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Does either party get the benefit of consideration when an employer and an employee disagree about the choice of a reasonable job accommodation for an employee who has sustained a disabling injury? This was an issue when the...more

DarrowEverett LLP

2023 Employment Law Updates: Q1 Developments from Pregnancy to Polyamory

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As we discussed in our annual update back in December, employers continue to see extensive developments on the labor and employment front as they progress through 2023. Aside from the minimum wage increases, pay...more

BCLP

UK HR Two-Minute Monthly: “Without prejudice” discussions, 100% Polkey reductions, calculation of long periods of loss of earning...

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Our January update includes new cases on “without prejudice” conversations on termination of employment, the difficulties of applying 100% “Polkey” reductions in unfair dismissal awards, and issues of employers introducing...more

Schwabe, Williamson & Wyatt PC

What Else Happened During COVID: A Recap of Non-COVID-Related Employment Law Changes in Oregon Since 2020

In early 2020, most businesses found themselves unexpectedly pivoting their focus to unprecedented operational, workforce, supply chain, and legal changes in response to the COVID-19 pandemic. Businesses have had to...more

Poyner Spruill LLP

Employer Avoids “Cat’s Paw” Liability in FMLA Retaliation Case Through Independent Review

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The Family and Medical Leave Act (FMLA) prohibits employers from retaliating against employees for taking FMLA leave. In the case of Parker v. United Airlines, Inc., which recently reached the United States Court of Appeals...more

Miller Nash LLP

Oregon Paid Family Leave Is Fast Approaching: Model Notice/Poster Now Available!

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As most Oregon employers are aware by now, Oregon’s Paid Family Leave program is set to go into effect next year. While the start date for leave benefits to begin was pushed back to September 1, 2023, employers still need to...more

Fisher Phillips

Preparing for 2023: What Massachusetts Employers Need to Know about Paid Family and Medical Leave Changes

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Massachusetts employers should review and update their employee handbook policies and notices to ensure they accurately reflect Paid Family and Medical Leave (PFML) obligations. Notably, as the second year of PFML draws to a...more

Foster Swift Collins & Smith

[Hybrid Event] What Employers Need to Prepare for in 2023 - October 12th, 9:00 am - 11:30 am ET

There is a lot that employers need to prepare and plan for in 2023. Join us at our Fall 2022 Labor & Employment Law Update which will discuss major issues and developments that your company needs to address now...more

Benesch

Post-Dobbs Update: What Every Employer Needs to Know Now - Presentation

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Dobbs v. Jackson Women's Health Organization - ..6-3 decision: Justice Alito wrote the majority opinion, with separate concurrences from Justices Thomas, Kavanaugh, and Roberts, and dissent by Justices Breyer, Sotomayor,...more

Dentons

Discipline Notes as a Lawsuit Defense

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One of the things that happen with the Family Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiff attorneys will sometimes assert in claims that they...more

Davis Wright Tremaine LLP

[Webinar] Washington and Oregon Leave Programs - June 29th, 12:00 pm - 1:30 pm PT

Many employers and employees remain confused by the intricacies of Oregon and Washington state’s leave programs. In this webinar, our speakers will provide an overview of Washington’s Paid Family and Medical Leave (PFML)...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Grady Memorial Hospital for Disability Discrimination

Atlanta Hospital Refused to Accommodate Employee’s Disability and then Fired Her, Federal Agency Charges - ATLANTA – Grady Memorial Hospital Corporation, a public hospital in Atlanta, violated federal law by failing to...more

Baker Donelson

Delaware Becomes the 11th State to Enact Paid Family Leave

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Following in Maryland's footsteps, on May 10, 2022, Delaware Governor Carney signed S.B. 1 known as the Healthy Delaware Families Act, which takes effect on July 1, 2022. In brief, the Act establishes a Family and Medical...more

Akerman LLP - HR Defense

When Can An Employer Require Fitness-For-Duty Exams?

Employers with fitness-for-duty exam requirements for employees returning from medical leaves should take note of a recent decision by a federal court in Massachusetts. In that case, the Court considered whether requiring...more

Miller Nash LLP

Washington PFML Update: Bereavement Leave for Death of a Newborn, Expiration of PFML CBA Exemption, and More

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Among other changes to the Washington Paid Family Medical Leave (“PFML”) program contained in SB 5649, effective June 9, 2022, when a newborn or newly adopted/fostered child dies, employees who would have qualified for either...more

Poyner Spruill LLP

How Much Is Too Much When Asking An Employee for Medical Records Under the ADA?

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A common question among employers faced with determining whether an employee can safely perform the essential functions of their job is how much and what type of medical information and records can be requested from the...more

Morgan, Brown & Joy, LLP

Massachusetts Department of Family and Medical Leave Has Issued Important Guidance on 2022 Benefit Calculations

On December 13, 2021, the Massachusetts Department of Family and Medical Leave (DFML) issued guidance on various topics related to MA Paid Family and Medical Leave law (“PFML”), including the impact of the changes to the...more

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