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Seventh Circuit: Additional Months of Leave after FMLA not a Reasonable Accommodation

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September 20, 2017

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Employers may already know that certain types of leaves of absence may qualify as a reasonable accommodation under the Americans with Disabilities Act (“ADA”).  However, the Seventh Circuit recently confirmed that an employee’s request to take additional months of leave after exhausting his FMLA allotment was not a reasonable accommodation under the ADA.

New York: Paid Family Leave Regulations Released

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All Employers of NY Employees

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January 1, 2018

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On July 19, 2017, the New York Workers’ Compensation Board adopted the final regulations for the state Paid Family Leave (“PFL”) issued by the Department of Financial Services on May 16, 2017.  The regulations stem from Governor Cuomo including the Paid Family Leave Benefits law in the 2016-2017 State Budget on March 31, 2016. The following are key points employers need to be aware of.

Washington: State Enacts Job-Protected, Paid Family and Medical Leave

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All Employers with WA Employees

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January 1, 2019

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As of July 5, 2017, Washington joins a few other states in requiring job-protected, paid family and medical leave.  Senate Bill 5975 implements the new leave, providing some of the highest income replacement benefits in the nation. Employees may use this leave for the serious health condition of an employee or a family member; the birth, adoption, or placement of a child; or for a qualifying exigency under the Family Medical Leave Act (“FMLA”).

Third Circuit: FMLA Leave Cannot be Any Basis for Adverse Action against Employees

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All Employers with DE, NJ and PA Employees

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November 14, 2016

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In Egan v. Delaware River Port Authority, the Third Circuit court stated that any time an employee’s use of FMLA leave is given any “negative weight” when taking an adverse employment action against an employee, it is considered to be retaliation. There, the plaintiff was granted intermittent FMLA leave for migraines.  Though the employer approved the time off, the plaintiff believed that management was unhappy with him taking time off.  When his position was later eliminated, the employee sued, alleging that that his employer had a “mixed-motive” for his termination, and that he was retaliated at least in part for taking FMLA leave.

Second Circuit: Employers May Be Responsible for Determining if FMLA Leave Applies

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All Employers with NY, CT, and VT Employees

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February 9, 2017

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The Second Circuit recently stated that employers are responsible for requesting additional information from an employee in order to determine if the employee is eligible for FMLA leave.

Third Circuit: Employer’s Good Faith Belief that FMLA Leave was Misused May Defeat Retaliation Claim

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All Employers with DE, NJ and PA Employees

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January 30, 2017

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On January 30, 2017, the Third Circuit Court of Appeals stated that an employer’s good-faith belief that an employee has abused FMLA leave could potentially defeat an FMLA retaliation claim, even if the employer’s belief is ultimately incorrect.  This decision aligns with several other circuit courts that have previously found such a good-faith belief could be a non-discriminatory reason for terminating an employee.

DOL Increases Civil Money Penalties for 2017

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All Employers

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January 13, 2017

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The U.S. Department of Labor (“DOL”) has published final regulations regarding increases for civil money penalties arising from violations of certain employment regulations, such as ERISA, OSHA, FLSA and FMLA.  These penalties are adjusted annually based on the Consumer Price Index to account for inflation.

Tenth Circuit: “Job-Protected” Leave Does Not Necessarily Protect Employees from Misconduct

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All Employers with Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming Employees

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August 26, 2016

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The Tenth Circuit recently stated that employers can implement disciplinary action against employees who are currently on job-protected leave when evidence of misconduct is discovered during the employee’s leave of absence.

November Updates

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This HR Alert addresses the following topics:
  1. Ninth Circuit: USERRA Does Not Prohibit Mandatory Arbitration
  2. Eleventh Circuit: Applicants Cannot Sue for Disparate Impact Under Specific ADEA Statute
  3. California: Cal/OSHA to Develop Indoor Heat Illness Standard
  4. California: Monetary Value of Accrued Vacation not Needed on Wage Statements
  5. California: (More) Amendments to the Fair Pay Act – Prior Salary Not Valid Justification

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October Updates

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This HR Alert addresses the following topics:
  1. New Process Speeds up Federal Whistleblower Complaints in the West
  2. EEOC Issues Guidance on Retaliation and Related Issues
  3. Eighth Circuit: Extension on FMLA Leave is not a Reasonable ADA Accommodation
  4. California: Court of Appeals Comments Again on “Associational” Disability Discrimination
  5. California: Continuing to Lead the Nation in Inclusive Restroom Laws
  6. California: Vehicle Code Amended to Re-Address Electronic Devices While Driving
  7. Berkeley, CA: Minimum Wage Increased October 1, 2016
  8. Morristown, NJ: Paid Sick Time Law Passed (and then Delayed)

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