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Paid Leave Family and Medical Leave Act (FMLA) Corporate Counsel

Jackson Lewis P.C.

Vermont Expands Family Leave Protections: New Entitlements and Broader Definitions

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Vermont Governor Phil Scott has signed legislation extending the protections of the state’s unpaid family leave law. The expansion extends safe leave, bereavement leave, and qualifying exigency leave to employees of employers...more

Proskauer - Law and the Workplace

DOL: Employers Cannot Mandate PTO Use with State/Local Paid Leave Benefits During FMLA

The U.S. Department of Labor Wage and Hour Division (“WHD”) has issued an opinion letter stating that employers cannot require employees to substitute accrued paid time off during a Family and Medical Leave Act (“FMLA”) leave...more

Poyner Spruill LLP

Eleventh Circuit Limits Scope of Parental Leave for Birth of Child Under FMLA

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The Family and Medical Leave Act provides leave and job protection to eligible employees who need to be absent from work “because of the birth of a son or daughter of the employee and in order to care for such son or...more

Gould + Ratner LLP

U.S. DOL Advises That Qualified Employees Can Use FMLA Leave to Work Reduced Hours

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The U.S. Department of Labor’s (DOL) Wage and Hour Division recently released an opinion letter finding that employees who qualify for leave under the FMLA may use FMLA leave to work reduced hours until they have exhausted...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

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

Tenth Circuit Upholds Employer’s Decision to Deny Telework Accommodation Request Under Rehabilitation Act

On September 15, 2021, the Tenth Circuit Court of Appeals upheld a district court’s grant of summary judgment in favor of an employer. In Brown v. Austin, the Tenth Circuit found that an employee’s telework, weekend work, and...more

Jackson Walker

Avoiding Retaliation Claims Under the Family Medical Leave Act

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In addition to requiring employers to accommodate employees requesting covered family or medical leaves, the federal Family Medical Leave Act (FMLA) prohibits retaliating against an employee for exercising FMLA rights. The...more

Husch Blackwell LLP

IRS Expands Employer Tax Credits For Paid COVID-19 Vaccination Leave

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On July 29, 2021, the Internal Revenue Service (IRS) updated the FAQs relating to paid sick and family leave tax credits under the American Rescue Plan Act of 2021 (ARPA). The update adds provisions that expand the...more

Sheppard Mullin Richter & Hampton LLP

California Employers Should Be Aware of Updates to Leave Requirements

The Ninth Circuit and the California legislature recently updated employer leave requirements, impacting California employers. The Ninth Circuit recently handed down two decisions regarding leave under the Family Medical...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

PilieroMazza PLLC

Emergency Sick Leave Policy: Top 5 Measures to Defend Against a DOL Investigation

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Companies across the country are still struggling to understand and implement the emergency sick and family leave imposed by the Families First Coronavirus Response Act (FFCRA).  The U.S. Department of Labor’s Wage and Hour...more

Fox Rothschild LLP

Governor Newsom Approves Historic Expansion Of California Family Rights Act

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Small employers in California – those with only five employees or more – will be obligated to provide eligible employees up to 12 weeks of family care and medical leave each 12 months under a bill Governor Gavin Newsom signed...more

Epstein Becker & Green

DOL Reaffirms, Revises, and/or Clarifies the FFCRA Rule Provisions Invalidated by Federal Court

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The U.S. Department of Labor (“DOL”) has responded to last month’s court decision striking down several significant provisions of its temporary rule (“Rule”) interpreting the paid sick and expanded family and medical leave...more

Ballard Spahr LLP

FFCRA Updates - September 2020

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NOTE: On August 3, 2020, a New York federal court invalidated four provisions of the U.S. Department of Labor’s regulations related to the FFCRA. The four provisions vacated by the court are the “work availability”...more

Fisher Phillips

Back To Square One: Court Ruling Upends COVID-19 Leave Rules

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In a surprising and significant ruling Monday, a New York federal judge tossed out several key Department of Labor rules regulating the Families First Coronavirus Response Act (FFCRA), meaning that more workers will be able...more

Fisher Phillips

What Employers Need To Know About DOL’s New Guidance On Return-To-Work, Remote Work, And Wage And Hour Issues

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The Department of Labor issued several sets of new guidance materials to employers as return-to-work, remote work, and wage and hour issues remain hot – and sometimes confusing – topics. The agency recognizes that the...more

Constangy, Brooks, Smith & Prophete, LLP

Just In Time For Summer: More Answers About The FFCRA

The Department of Labor has issued new FAQs. As most of you know, the U.S. Department of Labor has an ever-growing list of FAQs related to the Families First Coronavirus Response Act. The latest FAQs include guidance related...more

BCLP

US COVID-19: My Employee Has COVID-19 – What Leave Entitlements Apply?

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The call to HR is becoming more common: I have COVID-19. Should I go on a leave of absence, and if so, will I be paid while I am out? It is clear that an employee who has tested positive for COVID-19 (or who is likely...more

McCarter & English, LLP

Leave In The Time Of COVID-19: Tracking Employee Leave Under The FFCRA And The FMLA

Since 1993, the federal Family and Medical Leave Act (FMLA) has provided job protection to eligible employees who need to take time away from work for specific reasons related to their own health, to care for ill family...more

Rosenberg Martin Greenberg LLP

Fast Facts about the Emergency Family and Medical Leave Expansion Act (EFMLA) Provisions of the Family First Coronavirus Response...

On March 18, 2020, the FFCRA was enacted.  Below are some fast facts employers need to know regarding how the FFCRA has modified the Family Medical Leave Act (FMLA)....more

Constangy, Brooks, Smith & Prophete, LLP

Your Families First Coronavirus Response Act Questions Answered! (Some Of Them, Anyway)

Yesterday the U.S. Department of Labor published three pieces of guidance on the Families First Coronavirus Response Act provisions relating to expanded leave under the Emergency Family and Medical Leave Expansion Act and...more

FordHarrison

Department of Labor Affirms that FMLA Runs Concurrently with Paid Leave

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On September 10, 2019, the Department of Labor (DOL) released a Family and Medical Leave Act (FMLA) Opinion Letter, FMLA2019-3-A, reinforcing the DOL’s position set out in an earlier opinion letter that “an employer is...more

Parker Poe Adams & Bernstein LLP

Perfect Attendance Benefits Interfered With FMLA Rights

Under the Family and Medical Leave Act, employers cannot penalize employees for use of FMLA leave. Earlier this month, the Sixth Circuit Court of Appeals found that an employer’s resetting of a perfect attendance program...more

FordHarrison

Is the New Employer Tax Credit for You?

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Under the Internal Revenue Code of 1986, as amended (the “Code”), businesses are entitled to a general business credit which is made up of several component credits, including the Work Opportunity Credit, the Indian...more

Epstein Becker & Green

Employment Law This Week®: Extended Leave Not Covered Under ADA, Wellness Program Regulations, Proposed Cybersecurity Regulations,...

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We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

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