labor lawAdivision of labor law center

 Senator Ted Kennedy recently introduced a bill – called the Healthy Families Act– that would implement a mandatory sick leave law.

If passed, the bill would require most employers to provide up to 7 paid sick days per year to employees.

In the House, the mandatory sick leave law introduced by Rep. Rosa DeLauro  is called HR 2460.

The mandatory sick leave law would apply to employers that have 15 or more full-time workers (or the equivalent) for at least 20 weeks of the year.

The bill would require that workers earn one hour of paid sick leave for every 30 hours worked, beginning on the day the worker is hired. Employees would be eligible to use paid sick leave after 60 days.

Employers throughout the U.S. are carefully watching what is happening these days in the District of Columbia.

D.C. has approved a controversial new act known as the Accrued Sick and Safe Leave Act of 2008, which essentially requires employers to provide paid sick leave to their workers. The act may be the harbinger of paid sick leave elsewhere, and has become an important topic among HR professionals.

Employees who would be eligible are those who, first of all, spend at least 50% of their work time in the District of Columbia. They must also have accumulated a year of continuous service and at least 1,000 hours of work in the previous 12 months, under the proposed act.

The new law is quite broad. Employers would be required to give paid sick leave to any of these eligible employees for any absences connected with (more…)

On January 1, 2009, New Jersey becomes the third state in the nation to implement a family leave insurance program. The New Jersey Paid Family Leave Act will permit employees to take paid time off to care for a sick family member. The act also provides benefits to workers who take time off to bond with newborn or newly-adopted children.

The New Jersey Family Leave Insurance program is funded by employee tax deductions. The program provides benefits to employees to partially replace income lost when they must take time from work. The law does not entitle employees to additional leave, over and above existing family leave laws such as FMLA, the federal Family and Medical Leave Act and the New Jersey Family Leave Act or NJFLA.

The New Jersey Paid Family Leave program does not guarantee that an employee will be returned to his or her job after leave; it simply provides cash benefits during the leave.

Under the new law, a New Jersey employer can require any employee to use up to two weeks of paid vacation or sick leave, or other paid leave, before going on leave. During these two weeks, (more…)

A number of the changes to the FMLA regulations that go into effect in January, 2009, favor the employer. These changes and clarifications were made after the U.S. Department of Labor received comments from employers and input from groups such as the Society of Human Resource Management or SHRM.

Under the new FMLA or Family and Medical Leave Act regulations, employees are entitled to use any paid leave, including sick leave, vacation and personal leave while on FMLA. However, in order to use the leave, the employee must follow the employers usual policy for requesting the paid time off – even if those requirements are more stringent than the FMLA notice requirements.

A major change under the new regulations establishes that employers can deny bonuses, awards or other payments to workers who have not met a specific goal due to FMLA leave.

The new regulations also address a few specialized situations encounted by the U.S. Department of Labor. For example, they permit employers to (more…)

The Maryland Flexible Leave Act requires employers to allow employees to use “leave with pay” for an illness in the employee’s immediate family.

Under this law, “leave with pay” includes vacation, PTO, sick leave, and personal leave. It also includes compensatory time, or “comp time” for those agencies or employers that provide it. Employees can only use paid leave that has been earned. Employers are not required to grant leave that has been accrued but not earned, under this law.

The act defines immediate family as a child, spouse or parent.     .

The new Maryland law does not require that employers offer paid leave of any sort. However, when a Maryland employer does offer such leave, he  or she must permit  employees to use it when a family member is sick.

Under new FMLA or Family and Medical Leave Act regulations that go into effect on January 17, 2009 employers must permit workers to use (more…)