Family and Medical Leave Act

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In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter explore the surprising roots and real-world complexities of workers’ compensation law, drawing a playful throughline from pirate “articles” of old, to the movie chain, Pirates of the Caribbean, to today’s patchwork of state laws. Joined by Todd Wachtel, workers’ compensation specialist and partner at Levinson Axelrod, they explore key employer and employee obligations, insurance and reporting requirements, and how classification decisions (employee vs. independent contractor) can make or break coverage. The conversation highlights the interplay between workers’ compensation and OSHA, ADA, and FMLA, common pitfalls and retaliation risks, and practical steps to keep workplaces shipshape. Tune in for actionable takeaways to help employers navigate coverage, compliance, and claims with confidence.

Q. What do companies with employees in Delaware need to know about Delaware’s paid family leave law?

A. On May 10, Governor Carney signed the Healthy Delaware Families Act into law, making Delaware the eleventh state in the country to offer paid family leave when the law goes into effect in 2026. The law will provide 12 weeks of paid parental leave and six weeks of paid medical, family caregiving, and military leave to eligible Delaware employees through a state-run paid family and medical leave insurance program.

Q: What are the key highlights of Maryland’s new law providing paid family and medical leave to employees?

A. Maryland has now joined a minority of states obligating employers to contribute to a program providing paid family and medical leave to its workforce. Beginning on October 1, 2023, businesses with 15 or more employees will be required to contribute to the Family Medical Leave Insurance (FAMLI) Program, with the goal of making benefits available to eligible employees through the Maryland Department of Labor by January 1, 2024.

Q: Now that 2021 is behind us, what are the new California employment law changes for 2022?

A: While employers continued to grapple with the effects of COVID-19 on their businesses, last year’s California legislative actions led to relatively fewer employment law changes than usual for the upcoming 2022 year. Below find descriptions of new employment-related changes, including new rules for severance agreements, expanded limitations on confidentiality and nondisparagement provisions in settlement agreements, extended recordkeeping requirements, changes to the California Family Rights Act, arbitration, COVID-19 compliance, wage and hour, and industry-specific developments.

Q: What new employment laws impact Oregon employers?

A. The employment law landscape is shifting in Oregon, with this year’s legislative session bringing several noteworthy changes to the state’s employment laws. In this blog post, we explore some of the more significant changes passed in 2021 and forecast what may come our way in the months ahead.

Q: Are employers required to pay wages to employees who are absent due to military service, similar to how they would be paid for jury duty or to attend a funeral?

A: At least for employers in Illinois, Indiana and Wisconsin, employees who need time off for military leave may be entitled to paid leave commensurate with the employer’s other paid leave policies.  In a recent decision issued by the U.S. Court of Appeals for the Seventh Circuit, White v. United Airlines, Inc., the Court held that the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) requires employers to provide paid military leave for employees if the employer also provides “comparable” paid leave for other, nonmilitary time away from work, such as for jury service or sick leave.

Q: Can you provide an overview of Election Day 2020 ballot measures approved by voters that may impact the workplace?

A: While President-elect Joe Biden’s victory over incumbent President Donald Trump dominated Election Day 2020, voters also approved various ballot measures that will have repercussions for workplaces throughout the nation. Below find a summary of some of the biggest employment-related ballot measures approved by voters.

Q: What do I need to know about the recently enacted Philadelphia ordinance providing Philadelphia employees with paid public health emergency leave?

A: On September 17, Philadelphia Mayor Jim Kenney signed an ordinance, providing paid “public health emergency” leave benefits to workers in Philadelphia who physically report to their jobs and who may not have been covered by the Families First Coronavirus Response Act (FFCRA) — including employees working for businesses with more than 500 employees. The ordinance applies to all employees (and some nonemployees, including independent contractors) working within the geographic boundaries of the City of Philadelphia for at least 40 hours in a year. Potential nonemployees covered by the ordinance include domestic workers (e.g., housekeepers), health care professionals, home care workers, and gig workers (e.g., individuals driving for rideshare or food delivery services).

Q. What should my company be doing to prepare for the spread of the coronavirus?

A. With the number of coronavirus cases topping 90,000 worldwide, resulting in more than 3,000 deaths across 65 countries, it is only a matter of time before the disease has some impact on normal business…

Q: I heard there are some recent changes to New Jersey’s laws regarding employee leave benefits.  Will they affect my company’s employment policies?

A: On February 19, 2019, New Jersey Governor Phil Murphy signed legislation that amends and expands some of the state’s leave laws, including the Family Leave and SAFE Acts, as well as available benefits under New Jersey Family Leave Insurance.  Some of the changes are effective immediately, while others will take effect at a later date. Below are some of the key changes resulting from the recent amendment.