On Thursday, Governor Newsom signed Senate Bill 1383, dramatically expanding the California Family Rights Act (“CFRA”), and the obligations it places on employers to provide leave to eligible employees. As a reminder, the CFRA is California’s leave statute, which authorizes eligible employees to take up a total of 12 weeks of unpaid job-protected leave during a… Continue Reading
Category Archives: FMLA and Other Leaves of Absence
Subscribe to FMLA and Other Leaves of Absence RSS FeedDOL Revises COVID-19 Sick Leave and Family and Medical Leave Rules Following Court Ruling
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourOn September 11, 2020, the United States Department of Labor issued revised regulations governing the Families First Coronavirus Response Act (FFCRA). The regulations implement the Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Expansion Act (EFMLEA) provisions of the FFCRA. The revised regulations were issued to address a decision from a… Continue Reading
DOL Issues Guidance on FFCRA as Schools Reopen
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsOn August 27, 2020, the U.S. Department of Labor (DOL) published three new “Return to School” FAQs providing guidance for employers and employees as schools reopen across the country. Specifically, the DOL clarified when employees may be eligible for leave under the federal Families First Coronavirus Response Act (FFCRA). As a reminder, under the FFCRA,… Continue Reading
San Francisco Issues Guidance on “Back to Work” Layoff and Reemployment Notices
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Reductions in ForceOn August 7, 2020, the San Francisco Office of Economic and Workforce Development (OEWD) released its guidance on the City of San Francisco’s “Temporary Right to Reemployment Following Layoff Due to COVID-19 Pandemic Emergency Ordinance” (also known as the “Back to Work” Ordinance), which the Board of Supervisors passed on June 23, 2020. Importantly, the… Continue Reading
The CDC’s Updated Guidance Expedites the Time In-Home COVID-19 Patients Can Return to Work
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsThe CDC has issued new guidance for in-home patients diagnosed with COVID-19, including lowering the number of days the patient must remain isolated after being fever-free. The CDC previously recommended that “at least 72 hours” pass since the last fever without the use of fever-reducing medication before ending self-isolation. Noting “accumulating evidence” and ongoing research… Continue Reading
The DOL’s New Model FMLA Notices and Forms
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsOn July 16, 2020, the DOL issued new model FMLA notices and forms with a June 2020 revision date. The look of the notices and forms are somewhat different from previous versions but there are not a lot of substantive changes. The DOL also issued some FAQs in connection with the release of the updated… Continue Reading
Weintraub Tobin’s 2020 Labor & Employment Seminar and Training Schedule is Updated
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & HourWeintraub Tobin’s 2020 Labor and Employment Seminar and Training schedule has been recently updated and is now available. Click here for a pdf version of the schedule. If you have any questions on any of our seminars or would like to inquire about private, custom-tailored training, please contact: Ramona Carrillo (916) 558-6046 rcarrillo@weintraub.com
Inoculating Against the Coming Spread of Employee Lawsuits Related to COVID-19
Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Retaliation and Wrongful TerminationAs workplaces begin reopening in the coming weeks, attorneys are predicting a rash of lawsuits by employees against their employers related to the COVID-19 pandemic. It seems clear that workers-compensation preemption may immunize employers from most civil actions alleging that employees became infected with the virus on the job. However, other types of employee lawsuits… Continue Reading
EEOC Again Updates its Guidance & FAQ’s Regarding COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsThe EEOC has updated its COVID-19 Guidance once again by adding a number of new FAQs to address issues related to the anticipated re-entry into the workplace. The new FAQs discuss things like: an employer’s right to screen employees before entering the workplace to avoid a “direct threat” to the health and safety of employees;… Continue Reading
Emergency Paid Sick Leave Now Available for Employees of Large Employers in California’s Food Supply Sector
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsIn response to the COVID-19 pandemic, the federal government recently passed emergency legislation making up to two weeks of paid sick leave benefits available to employees who are forced to miss work for reasons relating to COVID-19. We previously blogged about the paid sick leave made available under the Families First Coronavirus Response Act (“FFCRA”)… Continue Reading
EEOC Updates its Guidance and FAQs Regarding COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsThe EEOC has updated its COVID-19 Guidance by adding a number of new FAQs to address issues related to the anticipated re-entry into the workplace. The new FAQs discuss things like: an employer’s right to screen employees before entering the workplace to avoid a “direct threat” to the health and safety of employees; documentation to… Continue Reading
4th UPDATE: DOL Again Updates Question & Answers Page for FFCRA
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsWe have previously written about the US Department of Labor issuing a Question & Answers webpage, and subsequently updated it, to address numerous issues arising out of the passage of the Families First Coronavirus Response Act (“FFCRA”). (Click here, here and here.) On April 6, 2020, the DOL again updated the “Questions and Answers” webpage,… Continue Reading
3rd UPDATE: DOL Again Updates Questions & Answers Page for FFCRA
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsAs previously advised, the US Department of Labor has issued a Question & Answers webpage, and subsequently updated it, to address numerous issues arising out of the passage of the Families First Coronavirus Response Act (“FFCRA”. (Click here and here.) The DOL updated the “Questions and Answers” webpage again today, adding 20 new questions and… Continue Reading
DOL’s Informational Webinar re FFCRA Compliance Goes Live
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsEarlier this week, the U.S. Department of Labor announced that it would be posting an informational webinar regarding compliance issues with the recently-enacted Families First Coronavirus Response Act (“FFCRA”). That webinar, which provides information regarding the FFCRA for both employers and employees went live today and can be accessed at: https://dolwhd.cosocloud.com/pawkgwfawza0/?proto=true. The DOL’s Wage &… Continue Reading
The IRS FAQs Provide Guidance on Employee Documentation/Information to Support FFCRA Leave
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsOn March 31, 2020, the IRS issued 66 FAQs providing guidance to employers in connection with the payment of, and tax credits for, emergency paid sick leave (E-PSL) and emergency FMLA leave (E-FMLA) under the Families First Coronavirus Response Act (“FFCRA”). Among other things, the FAQs answered a very important question that the DOL didn’t… Continue Reading
DOL Announces Temporary Rules for FFCRA Implementation; Informational Webinar to be Released on April 3, 2020
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsWe have been keeping you informed of recent actions by the US Department of Labor to advise employers of their obligations under the recently enacted Families First Coronavirus Response Act (“FFCRA”). This has included the DOL’s creation of a “Questions and Answers” webpage for both employers and employees. (Click here, here and here.) On April… Continue Reading
2nd UPDATE: DOL Again Updates Question & Answers Page for Families First Coronavirus Response Act
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourLast week, we alerted you to the fact that the US Department of Labor had issued a Question & Answers webpage, and subsequently updated it, to address numerous issues arising out of the passage of the FFCRA. (Click here and here.) Late Saturday night, the DOL again updated the “Questions and Answers” webpage and added… Continue Reading
DOL Updates Questions & Answers Page for Families First Coronavirus Response Act
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsEarlier this week, we advised you that the US Department of Labor had issued a Question & Answers webpage that addressed some issues arising out of the passage of the FFCRA, most importantly clarifying that it would become effective on April 1, 2020. (Click here.) Yesterday, the DOL updated that “Questions and Answers” webpage and… Continue Reading
San Francisco Issues New Guidance on San Francisco Paid Sick Leave During Pandemic; Financial Relief for San Francisco Employers
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourOn March 24, 2020, the San Francisco Office of Labor Standards Enforcement issued guidance pertaining to the use of Paid Sick Leave under the San Francisco Paid Sick Leave Ordinance (PSLO). This publication supersedes the OLSE’s guidance issued just last week. Employers should be aware of temporary changes in the PSLO rules specific to the… Continue Reading
DOL Issues Model Notice To Employees Of Rights Under Families First Coronavirus Response Act
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourIn response to the COVID-19 pandemic, Congress recently passed the Families First Coronavirus Response Act (“FFCRA”). Among other things, the FFCRA requires certain employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19. Employees’ leave rights under the FFCRA apply from April 1, 2020… Continue Reading
Families First Coronavirus Response Act Takes Effect April 1, 2020
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourWe have kept you advised of recent federal actions taken in response to the COVID-19 outbreak, including the passage of the Families First Coronavirus Response Act (“FFCRA”) which, among other things, provides paid family leave for certain employees. (See previous blogs at here, here, and here.) The FFCRA was to take effect “no later than… Continue Reading
(H.R. 6201) FAMILIES FIRST CORONAVIRUS RESPONSE ACT: What Employers Should Know
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsOn March 18, 2020, Congress passed the Families First Coronavirus Response Act (“FFCRA”). The President quickly signed it into law on the same day. The Act provides paid sick time and expands the Family and Medical Leave Act to provide an extended period of unpaid or partially paid leave for qualifying reasons related to the… Continue Reading
San Francisco Paid Sick Leave Expanded Due to COVID-19
Posted in FMLA and Other Leaves of Absence, Labor Law, Wage & HourYesterday, San Francisco Mayor London N. Breed announced a “Workers and Families First Program” to offer additional paid sick leave benefits to employees who have been impacted by the COVID-19 pandemic. It will apply to San Francisco private sector workers, and if fully utilized, it could provide coverage for up to 25,000 San Francisco workers. … Continue Reading
Even Unintentional Disability Discrimination is Actionable in California
Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Labor LawIn a decision that may lead employers to feel a little less gratified on Thanksgiving Day, a California appellate court determined last week that “even a legitimate company policy, if mistakenly applied,” can lead to liability for disability discrimination in the Golden State. Specifically, the Court of Appeal ruled that “a lack of [discriminatory] animus… Continue Reading
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