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Legal Analysts

Showing posts with label Paid Family Leave. Show all posts
Showing posts with label Paid Family Leave. Show all posts

Tuesday, February 07, 2023

Biden Issues Memorandum Supporting Family Leave for Fed Employees

family and medical leave act , fmla
Biden Issues Memorandum Supporting Family Leave for Fed Employees

On February 7, 2023, President Biden threw his support behind paid family leave in publishing a memorandum in the Federal Register, which reads: "supports a national, comprehensive paid family and medical leave program that will ensure that workers have access to paid leave to bond with a new child; care for a seriously ill loved one; deal with a loved one's military deployment; heal from the worker's own serious illness; grieve the death of a loved one; or seek safety and recover from domestic violence, dating violence, sexual assault, or stalking."


Sounds great, right? 


However, if you read on further, the memorandum states as follows: "the heads of executive departments and agencies (agencies) are encouraged to consider providing leave without pay for Federal employees, as appropriate and consistent with applicable law."


So, in all, lots of words about paid family leave, but not any greater rights to obtain paid family leave, let alone, unpaid leave, were even given. 


That said, for private sector employees, at least, you have rights under the Family and Medical Leave Act and in NYS, under the Paid Family Leave. 




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Thursday, March 19, 2020

Coronavirus Family/Sick Leave Bill Signed Into Law

coronavirus , Paid Family Leave
Coronavirus Family/Sick Leave Bill Signed Into Law
On March 18, 2020, President Trump Signed The Families First Coronavirus Response Act into law. The new law contains several modifications from the original bill passed by the House. Employers must immediately draft policies and train human resources employees to implement the new law. In addition, Employers must post a Notice in the workplace as detailed below.

Here is a summary of key provisions of the new law that apply to employers/employees:

1) Emergency Family and Medical Leave Expansion Act

Effective Dates: April 2, 2020 – December 31, 2020.

Qualified Employers/Employees: Applies to employers with less than 500 employees for all employees who have been employed for at least 30 calendar days.

Reason for Leave: The qualifying reason for leave is limited to an employee who is "unable to work (or telework) due to a need for leave to care for the son or daughter under 18 years of age of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable due to a "public health emergency."

Amount of Pay (tax credits are available to employers): The first 10 days of leave are unpaid (employee may substitute accrued vacation, personal or sick leave). For the following 10 additional weeks, the employer must compensate the employee at a rate of no less than two-third's of the employee's regular rate of pay. However, such pay is capped at $200 per day and $10,000 total.

Job Protection: Position is protected until return from leave unless employer, who employs 25 or fewer employees, eliminates position due to a downturn in economic conditions as a result of the Coronavirus. However, employers would still have to make "reasonable efforts" to restore employee to the same or equivalent position.

Exemptions: The Act provides authority to the Department of Labor to exclude health care providers, emergency responders and employers with less than 50 employees where the "viability of the business as a going concern" would be jeopardized.

2) Emergency Paid Sick Leave Act

·         Effective Dates: April 2, 2020 – December 31, 2020

·         Qualified Employer/Employee: Covers all employers with less than 500 employees for all employees regardless of length of employment.

·         Reasons for Leave: Employee may take leave under this Act, if unable to work (or telework) for any of the following reasons:
  • The employee is subject to federal, state or local quarantine as a result of the Coronavirus;
  • The employee has been advised by a health care provide to self-quarantine as a result of the Coronavirus;
  •  The employee is experiencing symptoms of the Coronavirus and is seeking a medical diagnosis;
  •  The employee is caring for an individual who is subject to an order described in Section 1, or advised as described in Section 2;
  • To care for a child whose school is closed or his/her regular child care provider is unavailable;
  • The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor. 
Amount of Pay (tax credits are available to employers): Employers must pay all employees who qualify under reasons 1-3 above at the employee's regular rate of pay, capped at $511 per day and $5,110 total. However, if employee's leave is a result of reasons 4-6 above, employer must only compensate employee at 2/3 of his/her regular rate of pay, capped at $200 per day and $2,000 total.

Exemptions: Health care providers and emergency responders.

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Wednesday, March 18, 2020

Governor Cuomo Announces Legislation Providing Paid Leave and Job Protection to Employees

coronavirus , disability
Governor Cuomo Announces Legislation Providing Paid Leave and Job Protection to Employees
On Tuesday March 17, 2020, Governor Cuomo announced that the New York State legislature has agreed to paid sick leave and other protections for employees as a result of the impact of the Coronavirus. While the text of the bill has not yet been released and has not passed the legislature, the Governor announced that the legislation, which will become effective immediately upon enactment, will include the following:

  • Employers with 10 or fewer employees and a net income less than $1 million will provide job protection for the duration of the quarantine order and guarantee their workers access to Paid Family Leave and disability benefits (short-term disability) for the period of quarantine including wage replacement for their salaries up to $150,000.
  • Employers with 11-99 employees and employers with 10 or fewer employees and a net income greater than $1 million will provide at least 5 days of paid sick leave, job protection for the duration of the quarantine order, and guarantee their workers access to Paid Family Leave and disability benefits (short-term disability) for the period of quarantine including wage replacement for their salaries up to $150,000.
  • Employers with 100 or more employees, as well as all public employers (regardless of number of employees), will provide at least 14 days of paid sick leave and guarantee job protection for the duration of the quarantine order. 

The legislation will also include annual sick leave (similar to the NYC law), which will be effective 180 days after enactment. The legislation, according to the Governor, will include the following:

  • Employers with 4 or fewer employees and a net income less than $1 million will provide at least 5 days of unpaid sick leave each year.
  • Employers with 5-99 employees and employers with 4 or fewer employees and a net income greater than $1 million will provide at least 5 days of paid sick leave each year.
  • Employers with 100 or more employees will provide at least 7 days of paid sick leave each year. 



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Monday, August 06, 2018

Amendment To New York State Paid Family Leave Law Would Require Employers To Provide Paid Bereavement Leave

Bereavement Leave , Employee Handbooks
Amendment To New York State Paid Family Leave Law Would Require Employers To Provide Paid Bereavement Leave
The New York State Senate and Assembly recently passed legislation to amend the New York Paid Family Leave Law, which went into effect in January 2018, to include paid time off for bereavement leave. The amendment, if signed by Governor Cuomo, would entitle qualified employees to use their Paid Family Leave to grieve the death of a family member.

The Paid Family Leave Law currently entitles qualified employees eight (8) weeks (increases to twelve (12) weeks by 2021) of paid leave for the following reasons:
  1. Provide care for a family member with a serious health condition;
  2. Bond with a child during the first twelve months after the child’s birth, adoption, or foster care placement;
  3. Due to exigent circumstances arising out of the employee’s spouse, domestic partner, child, or parent being on active duty in the armed forces of the United States.
Employers must ensure their insurance policies are updated to include coverage for Paid Family Leave which must include coverage for bereavement leave, if the Governor signs the legislation. In addition, employers should update their employee handbooks accordingly.
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