In the past few weeks, the EEOC has updated its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws on multiple occasions. The EEOC’s most recent update to this informal guidance provides an answer to the following question: “May an employer administer a COVID-19 test (a test
Disability, Leave and Health Management
Puerto Rico Enacts Five-Day Paid Emergency Leave for Pandemic Illness
Puerto Rico’s Law 37-2020 provides certain employees up to five days of paid leave once they exhaust other paid leave. Law 37-2020 amends Puerto Rico Law 180-1998, which establishes paid sick and vacation leave benefits for some private sector employees, excluding employees classified as executives, administrators, and professionals, among others. The new law is effective…
EEOC Answers Key Questions for Employers, Including Whether Employers Can Identify an Employee Diagnosed With COVID-19 to a Public Health Agency
Employers have been struggling with exactly what information they are permitted to disclose to a public health agency when an employee is diagnosed with COVID-19. The EEOC yesterday for the first time advised that, at least under the Americans with Disabilities Act, employers may disclose the employee’s name to the public health agency. However, employers…
Seattle Bans Employers from Requiring Medical Verification for Paid Sick Leave for 60 Days
Under Seattle’s Paid Sick and Safe Time (PSST) law, an employer normally may require verification (including a doctor’s note) for the use of PSST after three consecutive workdays in which the employee uses paid sick/safe leave. But effective immediately and through June 7, 2020, employers may not require a doctor’s note or healthcare provider…
Childcare Relief for Essential Critical Infrastructure Employees
By Jonathan A. Siegel on
Many employees and employers, in recent weeks, have been adjusting to the new normal of working from home due to California’s Shelter-in-Place order. However, employers and their employees deemed part of the essential critical infrastructure face a different complication. One major issue facing essential employees is handling childcare issues in light of daycare and…
Washington Amends its Paid Family and Medical Leave Act
By Jonathan M. Minear & Michael A. Griffin on
Posted in Disability, Leave and Health Management
On March 26, 2020, Governor Jay Inslee signed into law amendments to the Washington Paid Family and Medical Leave Act. The significant changes are as follows:
- Lawsuits
- The WPFMLA now includes a private right of action in court for an employee claiming interference, retaliation, or discrimination under this law. The limitations period is three years.
…
The Los Angeles City Council Passes Supplemental COVID-19 Paid Sick Leave for Large Employers
By Susan E. Groff on
Posted in Disability, Leave and Health Management
On March 27, 2020, the City Council passed an ordinance mandating employers with 500 or more employees nationally offer Supplemental Paid Sick Leave for various COVID-19 related reasons described below. The ordinance is awaiting Mayor Eric Garcetti’s review and anticipated approval. Under the ordinance, covered employers must offer 80 hours of Supplemental Paid Sick Leave…
Judge’s Decision Halts Dallas from Enforcing Paid Sick Leave Ordinance
By Kristin L. Bauer, Katrin U. Schatz & Julie A. Farmer on
Posted in Disability, Leave and Health Management, Texas
Texas employers no longer must provide paid sick leave to their employees in Dallas following the decision of U.S. District Court Judge Sean D. Jordan. ESI/Employee Solutions LP et al. v. City of Dallas et al., No. 4:19-cv-00570 (E.D. Tex. Mar. 30, 2020). The decision was released two days before enforcement of the Dallas…
DOL’s FAQs Provide More Details About Small Employer Exception Under FFCRA
By Patricia Anderson Pryor on
Posted in Disability, Leave and Health Management
The Department of Labor has been hard at work issuing FAQs to try to explain the provisions of the Families First Coronavirus Response Act before it goes into effect on April 1, 2020. To see earlier reports on these FAQs, see our blog posts on March 24th, March 27th and March 28th.
The latest…
The Los Angeles City Council Passes Supplemental COVID-19 Paid Sick Leave for Large Employers
By Susan E. Groff on
On March 27, 2020, the City Council passed an ordinance mandating employers with 500 or more employees nationally offer Supplemental Paid Sick Leave for various COVID-19 related reasons described below. The ordinance is awaiting Mayor Eric Garcetti’s review and anticipated approval.
Under the ordinance, covered employers must offer 80 hours of Supplemental Paid Sick Leave…