Tag Archives: FMLA

ILN Today Post

New Tax Credits under the Families First Coronavirus Response Act

On March 14, 2020, the U.S. House of Representatives passed H.R. 6201, the Families First Coronavirus Response Act (the “Act”). The Senate is expected to pass the Act this week and President Trump has indicated that he will sign it. The government, however, has indicated that further revisions to the Act may be required.

If enacted into law, the Act would require many employers to provide paid sick and family medical leave to their employees, in addition to making other changes. These provisions are intended to mitigate the economic hardship that many employees would face if the coronavirus forced them to miss work for an extended period of time. These new requirements apply only in the case of a private employers who employ less than 500 employees. These provisions of the Act are discussed in our prior alert here. Read more…

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ILN Today Post

Labor & Employment Alert >> The Families First Coronavirus Response Act: What Employers Need to Know

On March 14, 2020, the House passed the Families First Coronavirus Response Act (the Act), which the Senate is expected to approve in sum and substance sometime this week. President Trump has expressed approval for the legislation, which will go into effect 15 days after the Act is signed into law and will continue through December 31, 2020. Read more…

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COVID-19 Bill with FMLA leave and sick pay provisions is passed by House and moves to Senate

In response to the unprecedented impact of the Coronavirus (COVID-19), on March 14 the  U.S. House of Representatives passed the Families First Coronavirus Response Act, which is intended to provide a broad range of assistance to businesses and individuals. Specifically, for employers and employees the bill includes measures that will expand the FMLA and provide for emergency paid leave for employers of 500 or fewer employees. The bill would extend these protections through the end of 2020.  Read more…

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House Coronavirus Response Act – What Employers Need to Know

Early this morning, March 14, 2020, the U.S. House of Representatives passed significant legislation, titled the Families First Coronavirus Response Act (the “Act”), in response to the anticipated impact of COVID-19. The Act provides a broad group of employees a right to emergency paid sick leave and also expands protections under the Family and Medical Leave Act (“FMLA”). The House Bill also bolsters unemployment insurance and provides uninsured Americans coverage for testing. A bipartisan effort, the Senate is expected to pass the legislation early next week. The President has also expressed his support for the Act.  Read more…

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Washington State’s Paid Family and Medical Leave Law to Replace State’s Unpaid Family Leave Law; Premium Collections Begin

Washington State has begun implementing its new Paid Family & Medical Leave program (“PFML”). Other states, such as New Jersey, New York, and Rhode Island already have paid family and medical leave programs in place, and now Washington, Massachusetts and Washington, D.C. are set to join them over the next few years. Although the benefits portion of Washington’s program does not kick in until 2020, employers’ reporting and remitting of premiums for Quarters 1 and 2 are due between July 1 and July 31, 2019.

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UPDATE: Model FMLA Forms Expiration Date Extended

The expiration date for the U.S. Department of Labor’s (“DOL”) model Family and Medical Leave Act (“FMLA”) notice and medical certification forms has once again been extended. The new expiration date is now August 31, 2018. Expiration dates are located at the top right corner of the model FMLA forms.

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Alert: Model FMLA Forms Set to Expire

The U.S. Department of Labor’s (“DOL”) model Family and Medical Leave Act (“FMLA”) notices and medical certification forms expire on July 31, 2018. However, the new model forms have not yet been released. The current FMLA forms were originally due to expire on May 31, 2018, but the expiration date was first extended to June 30, 2018 and then to July 31, 2018.

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U.S. DOL Issues Three Opinion Letters After Nine-Year Hiatus Continue Reading…

On April 12, 2018, the Wage and Hour Division of the U.S. Department of Labor (“DOL”) issued the first Opinion Letters since the Bush administration, as well as a new Fact Sheet.  The Obama administration formally abandoned Opinion Letters in 2010, but Secretary of Labor Alexander Acosta has restored the practice of issuing these guidance documents.  Opinion Letters, as Secretary Acosta states in the DOL’s April 12 press release, are meant to explain “how an agency will apply the law to a particular set of facts,” with the goal of increasing employer compliance with the Fair Labor Standards Act (“FLSA”) and other laws.  Not only do Opinion Letters clarify the law, but pursuant to Section 10 of the Portal-to-Portal Act, they provide a complete affirmative defense to all monetary liability if an employer can plead and prove it acted “in good faith in conformity with and in reliance on” an Opinion Letter.  29 U.S.C. § 259; see also 29 C.F.R. Part 790.  For these reasons, employers should study these and all forthcoming Opinion Letters closely.

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Ivanka and Rubio Partner On Paid Family Leave Proposal

Senator Marco Rubio (R-FL) and first daughter Ivanka Trump have teamed up to develop a paid parental leave program in the United States.  While the plan is in its infancy, Senator Rubio reportedly envisions a plan similar to a proposal from the Independent Women’s Forum, calling for a parental leave program funded by new parents’ future Social Security benefits.  Under that proposal, parents could receive up to 12 weeks of benefits to take paid leave at any time in the first year of their new child’s life in exchange for what the Independent Women’s Forum hopes would be six weeks of Social Security benefits in the future.

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Seventh Circuit Breaks from the Pack in Holding That Long-Term Leave Is Not a Reasonable Accommodation Under the ADA

In a decision that will be celebrated by employers in the Seventh Circuit struggling with employee requests for post-Family Medical Leave Act (“FMLA”) leave as an accommodation under the American with Disabilities Act (“ADA”), the Seventh Circuit in Severson v. Heartland Woodcraft, Inc., 2017 U.S. App. LEXIS 18197 (7th Cir. Sept. 20, 2017), recently held that an employer did not violate the ADA by firing an employee instead of extending his leave after he exhausted all leave under the FMLA.  This holding – finding that extended long-term leave is not a reasonable accommodation under the ADA – is not only contrary to the Equal Employment Opportunity Commission (“EEOC”)’s position regarding extended leave as a reasonable accommodation, but also conflicts with several other federal Circuit courts that had previously ruled on the same issue (holding that extended/post-FMLA leave can be a reasonable accommodation under the ADA).

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