Information and guidance on every phase of employment
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 operations. However, as the virus…
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.…
Continue Reading New Jersey Expands Employee Family and Safe Leave Benefits
Q. Are there any new laws in Massachusetts that my company should be aware of?
A. Massachusetts Governor Charlie Baker recently signed a bill that will serve as a turning point for working families. Referred to as the “Grand Bargain,” the bill represents a compromise among legislators, labor, community and business groups. The four main components of the bill will significantly impact all Massachusetts employers with at least one employee over the next five years.…
Continue Reading MASSACHUSETTS IS ON THE RISE! Increases in the Minimum Wage and Establishment of a Paid Family and Medical Leave Program Strengthen Massachusetts’ Competitive Economic Environment
Q: Can I require an employee to do work while the employee is on FMLA leave? What if the employee volunteers to work while on leave?
A: Under most circumstances, employees should not be required or permitted to perform work while on leave. The Family and Medical Leave Act (FMLA) provides eligible employees a maximum of twelve weeks unpaid, job-protected leave for specified family and personal medical reasons in a twelve month period. During that time, employers are prohibited from interfering with, restraining, or denying the exercise of or the attempt to exercise, any rights provided under the FMLA.…
Continue Reading Employees Should Not Be Working While on FMLA Leave
Q. Do I need to provide paid sick leave to employees in New Jersey?
A. Last week, New Jersey Governor Phil Murphy signed into law the New Jersey Paid Sick Leave Act, mandating paid sick leave for full and part-time workers in the Garden State. Similar to the laws in other states, the New Jersey law provides for employees to earn one hour of paid sick leave for every 30 hours worked. Employees may use up to 40 hours of earned sick leave in a benefit year. They may also carry over up to 40 hours of earned sick leave from one year to the next. Earned sick leave is not paid upon termination, unless a company policy or collective bargaining agreement provides otherwise.…
Continue Reading New Jersey Becomes Tenth State to Enact Paid Sick Leave
Q: I have employees working in Maryland. What do I need to know and do in order to comply with Maryland’s new paid sick leave law?
A: The Maryland Healthy Working Family Act (the “Act”) went into effect on February 11, 2018. In short, the Act requires employers with 15 or more employees working in Maryland to provide paid sick and “safe” leave for qualified employees. Employees eligible for paid leave are entitled to be paid at the same rate the employee normally earns. Employers with 14 or fewer employees are required to provide unpaid sick and safe leave. All covered employers with employees whose primary work location is in Maryland are required to provide earned leave, regardless of where the employer is located.…
Continue Reading Maryland Paid Sick Leave Law Now In Effect
Q: Can my company fire an employee once the person has exhausted his or her FMLA leave entitlement?
A: Many employers are surprised to learn that they may not necessarily terminate an employee if he or she does not return to work at the end of FMLA leave. Under the Family Medical Leave Act (FMLA), an employee is eligible for up to 12 weeks of unpaid job-protected leave. Upon returning from FMLA leave, except in a few limited situations, an employee is guaranteed the right to return to the same position or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment that the employee held before the leave commenced. Under FMLA regulations, however, an employee does not have a right to return to work if he or she is unable to perform the essential duties of the position.
But what if the employee asks for more time off after the FMLA leave period has expired?…
Continue Reading Interplay of FMLA and ADA Precludes Employers from Automatically Terminating Employees at End of FMLA Leave
Q: I heard there is a new parental leave law in California. How does it compare to other states’ laws and will it affect my business if I have employees in California?
A: Parental leave laws are one of the most complicated aspects of employment law to administer and track. There are federal, state, and local laws at play, and there is very little uniformity across the laws and across the states. Even within one state, there may be multiple laws applicable to parental leave, and it can be difficult to navigate the interaction and overlap between the laws. California’s new parental leave law continues to add to this complexity.…
Continue Reading California’s New Parental Leave Law Adds to the Complexities of Administering Leaves of Absence for National Employers
Q. Can I discharge an employee if I believe that he or she is misusing FMLA?
A. According to a recent Third Circuit opinion, an employer’s honest belief that its employee misused FMLA leave is sufficient to defeat an FMLA retaliation claim, even if the employer was mistaken.
In Capps v. Mondelez Global, LLC, 847 F.3d 144 (3rd Cir. 2017), the company granted the employee intermittent FMLA leave for flare-ups as a result of hip replacement surgery. On February 14, 2013, Capps took intermittent leave. That evening, he went to a pub and became severely intoxicated. On his way home, Capps was arrested for driving while intoxicated and spent the night in jail. He was scheduled to work the next afternoon, but called out again. Approximately six months later, Capps pled guilty to the DWI charge and served 72 hours in jail immediately following the guilty plea hearing.…
Continue Reading Is an ‘Honest Belief’ of FMLA Misuse Enough for Termination?
Q: How long does an employer have to accommodate an employee’s disability in the form of a leave of absence?
A: The law in most jurisdictions is unclear. In fact, in most jurisdictions, including Pennsylvania, New Jersey, and New York, there is no bright line rule as to the length of leave time that is reasonable under the ADA. Typically courts look at the surrounding circumstances to determine whether the amount of time off is a “reasonable accommodation” and have held that leaves longer than three months were required in some circumstances as a reasonable accommodation.…
Continue Reading When is Enough, Enough? Limiting Leave as a Reasonable Accommodation under the ADA
