The document summarizes considerations for implementing a parental leave policy. It discusses what parental leave is, relevant laws, trends in parental leave policies at major companies, and best practices. Key points include that employers are not required to offer paid leave but it can help with recruitment and retention. Policies should treat pregnancy-related leave differently than bonding leave and provide equal benefits to men and women for bonding leave.
This document summarizes key considerations for implementing a parental leave policy. It discusses what parental leave is, common parental leave policies at major companies, and laws governing parental leave like FMLA. It provides best practices for drafting a policy, such as allowing different amounts of leave for physical recovery from childbirth versus bonding leave. The document emphasizes that parental leave policies must be applied equally to men and women to avoid discrimination claims.
This document provides an overview and update on recent employment law developments in three key areas:
1. Shared Parental Leave - New regulations allow eligible parents to share up to 50 weeks of leave and 37 weeks of pay during the first year of a child's life.
2. Holiday Pay - Recent court rulings found that non-guaranteed overtime and other elements intrinsically linked to work must be included in holiday pay calculations. Employers will need to review their holiday pay policies.
3. Pensions Auto-Enrollment - Reforms require employers to automatically enroll eligible employees into a workplace pension scheme. Employers must understand their duties to comply with auto-enrollment requirements.
This document provides an overview of Washington State's new Paid Family and Medical Leave Act, which creates a state-run insurance program for paid family and medical leave. Key points include: the program will be funded by payroll deductions from both employers and employees starting in 2019, with benefits available in 2020; it provides up to 12 weeks paid leave for family care and 12-18 weeks for medical leave depending on circumstances; employers with under 50 employees do not have to pay the employer premium share. The document also discusses eligibility requirements, qualifying reasons for leave, notice requirements, job protection provisions, and enforcement.
This document provides an overview of the Family and Medical Leave Act (FMLA) and related employee leave issues. It discusses FMLA eligibility requirements, covered reasons for leave, notice requirements, certification processes, intermittent leave, and job restoration protections. It also includes examples of interactive "game show" style questions to engage attendees on these topics.
The ADA, FMLA, and workers' compensation laws all provide protections for employees but can interact in complex ways. The ADA requires employers to provide reasonable accommodations for employees with disabilities. The FMLA provides up to 12 weeks of unpaid, job-protected leave for qualified medical and family reasons. Workers' compensation covers work-related injuries and illnesses. When addressing employee leave and return to work issues, employers must consider requirements and interactions under all three sets of laws.
What Is Life After Coronavirus? HR Scenarios & Common QuestionsRea & Associates
There's no shortage of human resources questions these days. In addition to a mountain of other concerns, businesses are actively juggling new compliance guidelines, government regulations, and real-world concerns related to employees who are both afraid of becoming sick with COVID-19 and of losing their source of income. When it comes to addressing the new rules associated with coronavirus, unfortunately, there is not a one-size-fits-all solution - especially when dealing with the human element.
As you can expect, our human resources consulting services team has been working overtime fielding a range of questions from businesses on the front lines battling up-to-the-minute COVID-19 challenges. During this session of our "What Is Life After Coronavirus?" webinar series, we will address specific HR scenarios and common questions businesses like yours are facing in the hopes of providing you with the guidance you need when it comes to tackling the really tough situations.
During this hour-long webinar, you will hear case studies related to:
- Unemployment
- FFCRA
- CARES Act
- New DOL Workplace Safety Resources & CDC Recommendations
You can learn more about Rea & Associates is addressing the current COVID-19 crisis and how our experts are helping businesses overcome the challenges being faced as a result of coronavirus. Visit https://www.reacpa.com/coronavirus to access our dedicated resource center. You can also access past sessions in our "What Is Life After Coronavirus?" webinar series at https://www.reacpa.com/COVID19-webinar-series.
Stay safe out there.
As more information, recommendations, and mandates are revealed daily, we will make every effort to ensure that the insight provided during this webinar will be current and current at the time this webinar is presented. Rea & Associates' HR consulting services are based on the best knowledge of non-attorney specialists. Rea & Associates does not provide legal advice. You are encouraged to consult with legal counsel of your choice prior to implementing policies and procedures.
Covid19 guidance for multiemployer plans and labor unions webinarWithum
COVID-19 Guidance: Multiemployer Plans and Labor Unions
In this webinar we talk about how COVID-19 is impacting Multiemployer Plans and Labor Unions, including relief programs and FAQs
This document summarizes key considerations for implementing a parental leave policy. It discusses what parental leave is, common parental leave policies at major companies, and laws governing parental leave like FMLA. It provides best practices for drafting a policy, such as allowing different amounts of leave for physical recovery from childbirth versus bonding leave. The document emphasizes that parental leave policies must be applied equally to men and women to avoid discrimination claims.
This document provides an overview and update on recent employment law developments in three key areas:
1. Shared Parental Leave - New regulations allow eligible parents to share up to 50 weeks of leave and 37 weeks of pay during the first year of a child's life.
2. Holiday Pay - Recent court rulings found that non-guaranteed overtime and other elements intrinsically linked to work must be included in holiday pay calculations. Employers will need to review their holiday pay policies.
3. Pensions Auto-Enrollment - Reforms require employers to automatically enroll eligible employees into a workplace pension scheme. Employers must understand their duties to comply with auto-enrollment requirements.
This document provides an overview of Washington State's new Paid Family and Medical Leave Act, which creates a state-run insurance program for paid family and medical leave. Key points include: the program will be funded by payroll deductions from both employers and employees starting in 2019, with benefits available in 2020; it provides up to 12 weeks paid leave for family care and 12-18 weeks for medical leave depending on circumstances; employers with under 50 employees do not have to pay the employer premium share. The document also discusses eligibility requirements, qualifying reasons for leave, notice requirements, job protection provisions, and enforcement.
This document provides an overview of the Family and Medical Leave Act (FMLA) and related employee leave issues. It discusses FMLA eligibility requirements, covered reasons for leave, notice requirements, certification processes, intermittent leave, and job restoration protections. It also includes examples of interactive "game show" style questions to engage attendees on these topics.
The ADA, FMLA, and workers' compensation laws all provide protections for employees but can interact in complex ways. The ADA requires employers to provide reasonable accommodations for employees with disabilities. The FMLA provides up to 12 weeks of unpaid, job-protected leave for qualified medical and family reasons. Workers' compensation covers work-related injuries and illnesses. When addressing employee leave and return to work issues, employers must consider requirements and interactions under all three sets of laws.
What Is Life After Coronavirus? HR Scenarios & Common QuestionsRea & Associates
There's no shortage of human resources questions these days. In addition to a mountain of other concerns, businesses are actively juggling new compliance guidelines, government regulations, and real-world concerns related to employees who are both afraid of becoming sick with COVID-19 and of losing their source of income. When it comes to addressing the new rules associated with coronavirus, unfortunately, there is not a one-size-fits-all solution - especially when dealing with the human element.
As you can expect, our human resources consulting services team has been working overtime fielding a range of questions from businesses on the front lines battling up-to-the-minute COVID-19 challenges. During this session of our "What Is Life After Coronavirus?" webinar series, we will address specific HR scenarios and common questions businesses like yours are facing in the hopes of providing you with the guidance you need when it comes to tackling the really tough situations.
During this hour-long webinar, you will hear case studies related to:
- Unemployment
- FFCRA
- CARES Act
- New DOL Workplace Safety Resources & CDC Recommendations
You can learn more about Rea & Associates is addressing the current COVID-19 crisis and how our experts are helping businesses overcome the challenges being faced as a result of coronavirus. Visit https://www.reacpa.com/coronavirus to access our dedicated resource center. You can also access past sessions in our "What Is Life After Coronavirus?" webinar series at https://www.reacpa.com/COVID19-webinar-series.
Stay safe out there.
As more information, recommendations, and mandates are revealed daily, we will make every effort to ensure that the insight provided during this webinar will be current and current at the time this webinar is presented. Rea & Associates' HR consulting services are based on the best knowledge of non-attorney specialists. Rea & Associates does not provide legal advice. You are encouraged to consult with legal counsel of your choice prior to implementing policies and procedures.
Covid19 guidance for multiemployer plans and labor unions webinarWithum
COVID-19 Guidance: Multiemployer Plans and Labor Unions
In this webinar we talk about how COVID-19 is impacting Multiemployer Plans and Labor Unions, including relief programs and FAQs
Compliance Bulletin - New York Enacts Paid Family Leave LawNicholas Toscano
On April 4, 2016, New York Governor Andrew Cuomo signed a bill that will require employers to provide paid family leave benefits to eligible employees as part of the state’s disability insurance program.
Paid family leave benefits will be phased in over a four-year period, beginning Jan. 1, 2018. When the law is fully implemented in 2021, employees may be eligible for up to 12 weeks of paid family leave.
This document defines key terms related to solo parents and children, outlines the benefits provided under the Solo Parents' Welfare Act of 2000, and identifies the government agencies responsible for implementation. Specifically, it defines a solo parent and the types of social services, educational assistance, housing benefits, medical care, and leave policies they are entitled to. The Department of Social Welfare and Development leads coordination across agencies to monitor implementation and ensure solo parents and their children receive needed support.
Social Security Disability Insurance (SSDI) and Supplemental Security Income ...mitoaction
This document discusses Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) benefits for children and adults with disabilities. It provides an overview of the eligibility requirements and application processes for these programs. It notes some of the challenges individuals with mitochondrial disease face in qualifying for benefits due to the complex nature of the condition. The document emphasizes the importance of professional representation to navigate the multi-step appeals process and increase chances of approval, as denial rates are high initially but decrease at later appeal levels when representatives are involved.
This document outlines a company's policy on maternity, paternity, adoption and shared parental leave. It details eligibility requirements and procedures for employees to take various types of family leave. The policy explains notice periods, pay entitlements and return to work rights for employees taking maternity leave, adoption leave, paternity leave or shared parental leave. It also provides guidance on related topics like health and safety risk assessments, keeping in touch days, record keeping and FAQs. The policy aims to support employees who are starting or adding to their families by outlining their contractual leave and pay entitlements in accordance with UK law.
Washington, DC Economic Partnership’s Doing Business in DC program on Recent Developments in Labor and Employment Laws featuring Grace Lee from Venable, LLP.
HR Solutions 10th Year Anniversary Employment Law UpdateGregory Guilford
The document summarizes key employment law updates in the UK, including the abolition of the default retirement age, expanded maternity/paternity leave provisions, the Equality Act, the Bribery Act, Agency Worker Regulations, and upcoming pension reforms. It provides details on new rights for employees in each area as well as advice for employers on complying with the changing legislation.
The document provides an overview of the Family and Medical Leave Act (FMLA) of 1993. It discusses the history and purpose of establishing work-life balance for employees. The FMLA entitles eligible employees to take up to 12 weeks of unpaid leave for qualified medical and family reasons. Employers must reinstate employees to their previous or equivalent positions after leave. However, not all employees and situations qualify for protection and leave under the FMLA. The roles and responsibilities of employees, managers, HR, and employers in administering FMLA leave are also outlined.
Dr. William Allan Kritsonis
Personnel Issues
Public School Law Series
National Issues & Concerns - New Answers To Lingering Problems in Public School Law
Blake lapthorn Thames Valley HR forum - 1 February 2011Blake Morgan
The document provides a review of employment law issues from 2010 and looks ahead to issues in 2011. Key points from 2010 include unfair dismissal cases regarding misconduct investigations and redundancy scoring. Constructive dismissal and contractual terms regarding bonuses and holiday pay are also discussed. Discrimination cases cover age, religion, pregnancy, and disability.
The document then looks ahead to 2011, outlining new regulations regarding additional paternity leave, agency workers' rights, the Bribery Act, and potential changes to flexible working and maternity/paternity leave. Default retirement ages and new compensation limits are also noted.
Panorama why paid family leave is good businessMark Lamb
Panorama recently completed a study on "Why Paid Family Leave is Good Business.” This study was co-authored with Boston Consulting Group. This deck provides a concise overview of the report and is a resource for those wanting to learn more about this important issue facing US companies.
Families First Coronavirus Response Act (FFCRA) WebinarEmilyBroadbent1
The Families First Coronavirus Response Act (FFCRA) provides for two sources of paid leave for employees in response to the coronavirus epidemic. The act applies to all employers with less than 500 employees. The act is intended to assist employers with recoupment of costs via payroll tax reimbursement. This webinar also will provide information on those credits.
HR Webinar: 2021 Compliance & Employment Law UpdateAscentis
2020 was nuts with employment laws changing rapidly so quickly to handle the COVID-19 pandemic. 2021 has no plans to slow down with new laws out of Congress and state legislatures contemplating higher minimum wages, paid leaves, additional protections against discrimination and harassment, and shifting priorities at federal agencies. With hopes of coming out of the pandemic by year’s end, HR professionals in all industries are preparing for the next wave of regulations affecting every industry.
Love It or Leave It: Embracing Leave Law Challenges Before They Strangle YouQuarles & Brady
1. The document discusses various FMLA compliance issues employers may face, including how to determine if they meet the employee threshold to be covered, how joint employment situations are assessed, and examples of how to properly designate FMLA leave.
2. It also provides guidance on how to handle employee leave requests under both the FMLA and the ADA to avoid legal issues, including ensuring interactive discussions with employees to clarify medical conditions and accommodating intermittent leave.
3. Employers are advised to avoid making assumptions without further discussion with employees and to follow legal procedures for designating and tracking different types of leave.
This document summarizes key aspects of calculating overtime pay and regular rates of pay under the Fair Labor Standards Act (FLSA). It provides background on the FLSA, defines regular rate of pay, outlines what payments must and must not be included in the regular rate, and provides examples of how to calculate regular rates and overtime pay in different compensation scenarios. The document is intended for a seminar on employment law and FLSA compliance.
Dr. William Allan Kritsonis - Personnel Issues PPT.William Kritsonis
This document discusses various personnel issues that may arise in a school district including reassignment, compensation disputes, teacher appraisal, employee benefits, wage and hour requirements, workers' compensation, unemployment compensation, grievances, and employee organizations. Specific topics covered include how reassignments can be handled, requirements for teacher evaluation systems, types of leave available to employees, and the role of employee organizations and unions in Texas which is weaker than in most other states.
The document provides information about applying for Social Security disability benefits. It discusses deciding whether to apply by considering if the applicant is working, capable of working, has a severe medical impairment, and if the impairment will last over 12 months. It also outlines the application process of applying in person, by phone, or online and information needed. Tips are provided for completing applications and submitting medical records. Timelines for applying and waiting for a decision are also reviewed.
Discrimination law and family friendly rightsLewis Silkin
This document summarizes recent changes and proposed changes to UK discrimination and family friendly employment laws. It discusses the repeal of discrimination questionnaires and the abolition of liability for third party harassment. It also outlines new proposals for shared parental leave allowing parents to share up to 50 weeks of leave and 37 weeks of pay. Other proposals addressed include equal pay audits, flexible working requests, paternity leave, adoption leave, and unpaid parental leave.
The need for remote work and possible workforce reductions is becoming a reality for many employers, and there are important considerations. Employers are faced with responding to employee concerns and requests for leave, as well as evaluating temporary layoffs or closures.
In essence, all of this leaves us overwhelmed and confused about what we can and cannot do as employers.
Understanding the requirements around protected leaves, payment of wages, and employee separations, including how to best communicate with employees during these challenging times, is essential.
This 1-hour webinar explore strategies for managing an influx work environment. Receive guidance from Luke Reese of Garrett Hemann Roberson PC, around how your employment decisions may be impacted by the evolving federal and state regulations.
Managing COVID-19: From Compliance to Employee EngagementVienna Stivala
The document discusses best practices for managing a dispersed workforce during COVID-19, including leveraging managers to set clear expectations and enable consistent communication, building trust between remote employees and their managers, and using tools like video conferencing and instant messaging to facilitate collaboration. It also provides guidance on compliance with laws like the Families First Coronavirus Response Act when reducing staff hours or closing facilities temporarily.
In this webinar, our HR expert reviewed the purpose and definition of the Family Medical Leave Act (FMLA), the rights and responsibilities of both employees and employers under FMLA, as well as how to recognize potential reasons for covered leave and what necessary steps you can take as outlined under FMLA.
FMLA and Other Leave Laws: Learn What’s Changing and How to Stay CompliantComplyRight, Inc.
Of all the employment laws affecting today’s businesses, the Family and Medical Leave Act (FMLA) is one of the most complicated. When does it apply? What does it cover? How do you track the time taken? Is it always unpaid?
In the absence of federal-level FMLA amendments, states and cities/counties are stepping in with their own, more generous, employee leave laws. We’ll also explore this emerging issue that may impact your business (even if you’re not covered by the FMLA).
Compliance Bulletin - New York Enacts Paid Family Leave LawNicholas Toscano
On April 4, 2016, New York Governor Andrew Cuomo signed a bill that will require employers to provide paid family leave benefits to eligible employees as part of the state’s disability insurance program.
Paid family leave benefits will be phased in over a four-year period, beginning Jan. 1, 2018. When the law is fully implemented in 2021, employees may be eligible for up to 12 weeks of paid family leave.
This document defines key terms related to solo parents and children, outlines the benefits provided under the Solo Parents' Welfare Act of 2000, and identifies the government agencies responsible for implementation. Specifically, it defines a solo parent and the types of social services, educational assistance, housing benefits, medical care, and leave policies they are entitled to. The Department of Social Welfare and Development leads coordination across agencies to monitor implementation and ensure solo parents and their children receive needed support.
Social Security Disability Insurance (SSDI) and Supplemental Security Income ...mitoaction
This document discusses Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) benefits for children and adults with disabilities. It provides an overview of the eligibility requirements and application processes for these programs. It notes some of the challenges individuals with mitochondrial disease face in qualifying for benefits due to the complex nature of the condition. The document emphasizes the importance of professional representation to navigate the multi-step appeals process and increase chances of approval, as denial rates are high initially but decrease at later appeal levels when representatives are involved.
This document outlines a company's policy on maternity, paternity, adoption and shared parental leave. It details eligibility requirements and procedures for employees to take various types of family leave. The policy explains notice periods, pay entitlements and return to work rights for employees taking maternity leave, adoption leave, paternity leave or shared parental leave. It also provides guidance on related topics like health and safety risk assessments, keeping in touch days, record keeping and FAQs. The policy aims to support employees who are starting or adding to their families by outlining their contractual leave and pay entitlements in accordance with UK law.
Washington, DC Economic Partnership’s Doing Business in DC program on Recent Developments in Labor and Employment Laws featuring Grace Lee from Venable, LLP.
HR Solutions 10th Year Anniversary Employment Law UpdateGregory Guilford
The document summarizes key employment law updates in the UK, including the abolition of the default retirement age, expanded maternity/paternity leave provisions, the Equality Act, the Bribery Act, Agency Worker Regulations, and upcoming pension reforms. It provides details on new rights for employees in each area as well as advice for employers on complying with the changing legislation.
The document provides an overview of the Family and Medical Leave Act (FMLA) of 1993. It discusses the history and purpose of establishing work-life balance for employees. The FMLA entitles eligible employees to take up to 12 weeks of unpaid leave for qualified medical and family reasons. Employers must reinstate employees to their previous or equivalent positions after leave. However, not all employees and situations qualify for protection and leave under the FMLA. The roles and responsibilities of employees, managers, HR, and employers in administering FMLA leave are also outlined.
Dr. William Allan Kritsonis
Personnel Issues
Public School Law Series
National Issues & Concerns - New Answers To Lingering Problems in Public School Law
Blake lapthorn Thames Valley HR forum - 1 February 2011Blake Morgan
The document provides a review of employment law issues from 2010 and looks ahead to issues in 2011. Key points from 2010 include unfair dismissal cases regarding misconduct investigations and redundancy scoring. Constructive dismissal and contractual terms regarding bonuses and holiday pay are also discussed. Discrimination cases cover age, religion, pregnancy, and disability.
The document then looks ahead to 2011, outlining new regulations regarding additional paternity leave, agency workers' rights, the Bribery Act, and potential changes to flexible working and maternity/paternity leave. Default retirement ages and new compensation limits are also noted.
Panorama why paid family leave is good businessMark Lamb
Panorama recently completed a study on "Why Paid Family Leave is Good Business.” This study was co-authored with Boston Consulting Group. This deck provides a concise overview of the report and is a resource for those wanting to learn more about this important issue facing US companies.
Families First Coronavirus Response Act (FFCRA) WebinarEmilyBroadbent1
The Families First Coronavirus Response Act (FFCRA) provides for two sources of paid leave for employees in response to the coronavirus epidemic. The act applies to all employers with less than 500 employees. The act is intended to assist employers with recoupment of costs via payroll tax reimbursement. This webinar also will provide information on those credits.
HR Webinar: 2021 Compliance & Employment Law UpdateAscentis
2020 was nuts with employment laws changing rapidly so quickly to handle the COVID-19 pandemic. 2021 has no plans to slow down with new laws out of Congress and state legislatures contemplating higher minimum wages, paid leaves, additional protections against discrimination and harassment, and shifting priorities at federal agencies. With hopes of coming out of the pandemic by year’s end, HR professionals in all industries are preparing for the next wave of regulations affecting every industry.
Love It or Leave It: Embracing Leave Law Challenges Before They Strangle YouQuarles & Brady
1. The document discusses various FMLA compliance issues employers may face, including how to determine if they meet the employee threshold to be covered, how joint employment situations are assessed, and examples of how to properly designate FMLA leave.
2. It also provides guidance on how to handle employee leave requests under both the FMLA and the ADA to avoid legal issues, including ensuring interactive discussions with employees to clarify medical conditions and accommodating intermittent leave.
3. Employers are advised to avoid making assumptions without further discussion with employees and to follow legal procedures for designating and tracking different types of leave.
This document summarizes key aspects of calculating overtime pay and regular rates of pay under the Fair Labor Standards Act (FLSA). It provides background on the FLSA, defines regular rate of pay, outlines what payments must and must not be included in the regular rate, and provides examples of how to calculate regular rates and overtime pay in different compensation scenarios. The document is intended for a seminar on employment law and FLSA compliance.
Dr. William Allan Kritsonis - Personnel Issues PPT.William Kritsonis
This document discusses various personnel issues that may arise in a school district including reassignment, compensation disputes, teacher appraisal, employee benefits, wage and hour requirements, workers' compensation, unemployment compensation, grievances, and employee organizations. Specific topics covered include how reassignments can be handled, requirements for teacher evaluation systems, types of leave available to employees, and the role of employee organizations and unions in Texas which is weaker than in most other states.
The document provides information about applying for Social Security disability benefits. It discusses deciding whether to apply by considering if the applicant is working, capable of working, has a severe medical impairment, and if the impairment will last over 12 months. It also outlines the application process of applying in person, by phone, or online and information needed. Tips are provided for completing applications and submitting medical records. Timelines for applying and waiting for a decision are also reviewed.
Discrimination law and family friendly rightsLewis Silkin
This document summarizes recent changes and proposed changes to UK discrimination and family friendly employment laws. It discusses the repeal of discrimination questionnaires and the abolition of liability for third party harassment. It also outlines new proposals for shared parental leave allowing parents to share up to 50 weeks of leave and 37 weeks of pay. Other proposals addressed include equal pay audits, flexible working requests, paternity leave, adoption leave, and unpaid parental leave.
The need for remote work and possible workforce reductions is becoming a reality for many employers, and there are important considerations. Employers are faced with responding to employee concerns and requests for leave, as well as evaluating temporary layoffs or closures.
In essence, all of this leaves us overwhelmed and confused about what we can and cannot do as employers.
Understanding the requirements around protected leaves, payment of wages, and employee separations, including how to best communicate with employees during these challenging times, is essential.
This 1-hour webinar explore strategies for managing an influx work environment. Receive guidance from Luke Reese of Garrett Hemann Roberson PC, around how your employment decisions may be impacted by the evolving federal and state regulations.
Managing COVID-19: From Compliance to Employee EngagementVienna Stivala
The document discusses best practices for managing a dispersed workforce during COVID-19, including leveraging managers to set clear expectations and enable consistent communication, building trust between remote employees and their managers, and using tools like video conferencing and instant messaging to facilitate collaboration. It also provides guidance on compliance with laws like the Families First Coronavirus Response Act when reducing staff hours or closing facilities temporarily.
In this webinar, our HR expert reviewed the purpose and definition of the Family Medical Leave Act (FMLA), the rights and responsibilities of both employees and employers under FMLA, as well as how to recognize potential reasons for covered leave and what necessary steps you can take as outlined under FMLA.
FMLA and Other Leave Laws: Learn What’s Changing and How to Stay CompliantComplyRight, Inc.
Of all the employment laws affecting today’s businesses, the Family and Medical Leave Act (FMLA) is one of the most complicated. When does it apply? What does it cover? How do you track the time taken? Is it always unpaid?
In the absence of federal-level FMLA amendments, states and cities/counties are stepping in with their own, more generous, employee leave laws. We’ll also explore this emerging issue that may impact your business (even if you’re not covered by the FMLA).
This document provides an overview of paternity leave policies and laws in various countries. It begins by defining paternity leave as a short period of leave for fathers after childbirth. It then discusses international standards from organizations like the ILO and UNICEF encouraging countries to implement paid paternity leave. Laws in the UK and Singapore are examined in depth, outlining eligibility requirements, duration of leave, and job security protections. The document aims to analyze and compare approaches to paternity leave internationally.
This webinar presentation provides an overview of employment rights under the Employment Standards Act of Ontario. It covers minimum wage rates, overtime pay, public holiday pay, termination notice and pay, vacation pay, emergency leave, maternity and parental leave, and how to protect your rights. The presentation encourages workers to contact legal clinics or lawyers if they have questions or encounter issues related to their employment rights.
The document summarizes new laws affecting businesses in Massachusetts. It describes expanded maternity and paternity leave laws, new requirements for paid sick leave for all employees, additional unpaid leave for victims of domestic violence, restrictions on banning personal email use, updated social media policy guidelines, requirements for a "safe harbor" policy on deductions from exempt employees' pay, privacy laws on disclosing employee termination information, requirements for written sexual harassment and EEO policies, employee access to personnel records, and requirements to have a written information security plan to protect personal information.
The document summarizes an HR seminar that covered several employment law topics, including the upcoming UK general election, shared parental leave, holiday pay, and obesity as a potential disability. Key points included indications that the Conservatives may introduce significant changes to union rules and replace the Human Rights Act, while Labour may increase statutory paternity leave and the minimum wage. Regarding shared parental leave, mothers must end maternity leave for fathers to take leave, which can be shared in blocks between the child's first and second birthdays. Recent court cases established that holiday pay calculations should include non-guaranteed overtime to comply with EU law. Lastly, the European Court of Justice ruled that obesity could constitute a disability if it hinders
Leaves of Absence: Navigating the FMLA & ADA WebinarBeyondPay
From the Leaves of Absence Webinar: Navigating the Family Medical Leave Act & Americans with Disabilities Act: Use these slides with handy notes section when navigating the complexities of administering leaves of absence.
Exploring flexible working family friendly rightsTaylor&Emmet LLP
This document summarizes a seminar on flexible working and family friendly rights in the UK. It outlines the various types of family friendly leave available, including maternity, paternity, shared parental, adoption and dependent leave. It discusses the right to request flexible working and common flexible working arrangements. It provides guidance on handling flexible working requests lawfully and avoiding indirect discrimination claims. Examples of experiences with shared parental leave and the interaction between maternity leave and redundancy are also summarized. New developments in related employment laws are noted. The seminar aims to advise employers on complying with family friendly rights and flexible working regulations.
Working While Pregnant: 7 Most Pressing Questions Answeredlawsuitlegal
In this data snapshot - 3rd in our series exploring workplace pregnancy rights issues - we reveal the 7 most common questions working women ask about their rights when pregnant on the job.
If you love your work and are considering having a baby, this Question & Answer brief is for YOU.
Your rights and how the employment protections apply are answered for the following:
1. How to determine FMLA eligibility for maternity leave?
2. How does sick leave taken during the last year affect eligibility?
3. When is it unlawful for your employer to deny you pregnancy related medical leave?
4. What accommodations and job assignment adjustments are you entitled due to your condition?
5. What happens if you can't work at all?
6. What happens to your job if you take extended leave?
7. What can you do if your employer doesn't violates your rights in some way?
For answers to these questions, take a few moments to view the presentation.
Hopefully this helps you have a better understanding of your rights at work if you become pregnant - and puts your mind at ease as to what you can count on at your job.
We hope you enjoy this presentation. If you found it helpful, please don't forget to like or share it to help ensure other mothers know their rights.
The document summarizes the key provisions of the Solo Parent Welfare Act of 2000 (Republic Act No. 8972) in the Philippines. It defines who qualifies as a solo parent and outlines various employment-related benefits for solo parents such as 7 days of annual paid parental leave, flexible work schedules upon request, protection against work discrimination, and entitlement to existing statutory benefits for maternity protection.
The document summarizes the key provisions of the Solo Parent Welfare Act of 2000 (Republic Act No. 8972) in the Philippines. It defines who qualifies as a solo parent and outlines various employment-related benefits for solo parents such as 7 days of annual paid parental leave, flexible work schedules upon request, protection against work discrimination, and entitlement to existing statutory benefits for maternity protection.
The document discusses parental leave policies in the United States compared to other countries. It notes that the US is one of only 4 countries without mandated paid parental leave for new mothers. It then outlines current US policies like the FMLA which provides 12 weeks of unpaid leave and discusses trends in maternity, paternity, and adoption leave policies among US employers. It also touches on challenges faced by parents returning to work and potential discrimination, before concluding by outlining reasons why paid parental leave is important and some bills currently proposed in Congress to address the issue.
What Are the Different Types of Employee Leave?RalfHeyer
Every employee deserves to have time away from the job in which they can pursue activities to relax, unwind or do pretty much whatever they want in – provided they’re legal, of course. But for employers, finding a balance between offering paid leave to employees, and keeping their business running smoothly, can be tough.
It's a good news/bad news story: The nation's birth rate has rebounded after a drop that followed the 2008 financial crisis. The bad news is pregnancy discrimination charges are also on the rise. This is a touchy area and one that employers need to keep a close eye on. This article describes new standards that clarify what's discriminatory, and what isn't.
Similar to Considerations for Implementing a Parental Leave Policy (16)
Microsoft provided many of the accommodations requested by an employee with Autism Spectrum Disorder, but rejected some that would have excused the employee from performing essential job functions as an Enterprise Architect. These essential functions included communicating ideas to clients, responding quickly to clients under dynamic conditions, and handling basic administrative tasks. When negotiations over alternative accommodations were unsuccessful, Microsoft placed the employee on job reassignment but the employee did not pursue other positions. The court concluded Microsoft did not fail to reasonably accommodate the employee.
Employee Life Cycle III: Termination Trepidation - Identifying and Avoiding t...Parsons Behle & Latimer
This presentation discusses best practices for employee discipline and termination to avoid legal risks. It emphasizes having clear job descriptions and policies, training employees on policies, consistently applying policies, and thoroughly documenting all communication and disciplinary actions. Case studies are presented to illustrate how failures to properly recognize disabilities, document issues, and focus on misconduct rather than protected characteristics can result in legal liability. The presentation stresses communicating expectations, intervening early, escalating discipline, and ensuring HR involvement in termination decisions.
The presentation discusses various human resources law issues that can arise during employment, including performance evaluations, leave, accommodations, workplace rules and culture, and discipline. It provides examples of proper and improper documentation for performance reviews and outlines a best practices roadmap for handling performance-based employee discharge. The presentation also examines case studies on the value of independent investigations, managing workplace conflict, and avoiding retaliation.
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Considerations for Implementing a Parental Leave Policy
1. 7th Annual Idaho Employment Law Seminar
O C TO B E R 1 0 , 2 0 1 9 | B O I S E C E N T RE E A S T | B O I S E , I D A H O
PA R S O N S B E H L E . C O MN AT I O N A L E X P E R T I S E . R E G I O N A L L AW F I R M .
Considerations for Implementing
a Parental Leave Policy
Liz M. Mellem
801.536.6694 | amellem@parsonsbehle.com
2. 2
What is “parental leave”?
• The period of time when an individual (mother, father,
domestic partner, etc.) stops working because the individual
is about to have or has just had (or adopted) a baby.
◦ This can also apply to foster care placement and surrogacy
◦ Does not apply to “caregivers” – employees needing leave to care
for a family member with a serious health condition (This would be
considered “family leave” or even just “paid leave”)
• Maternity leave = can cover time before and after arrival of
child (women only)
• Paternity leave = same as Maternity but men only
5. 5
Parental Leave in the News:
• Etsy: In 2016, announced 26 paid weeks of parental leave
◦ Detailed business justifications for their policy:
• Wal-Mart: In 2018, announced hourly workers would get 10
weeks of fully-paid maternity leave, fathers/partners could
take up to 6 weeks of parental leave
• Microsoft: 2018, expanded its parental leave policy to
contractors (12 weeks paid leave after birth of child or
adoption)
8. 8
Which laws cover the issue of parental leave?
• Family Medical Leave Act (FMLA) - Employers who are bound by FMLA must
protect an employee’s job for 12 weeks of leave
• Title VII of the Civil Rights Act - Cannot provide different leave policies (or
exclude an employee from leave, or apply leave policies differently) based on a
protected category (e.g., sex, race, ethnicity, etc.)
• Equal Pay Act - Men and Women must be paid the same for the same work
• Americans with Disabilities Act – pregnancy related medical issues
• State and Local Equivalents - Be sure to know your state’s laws! (E.g., some
states’ anti-discrimination laws apply if you have only ONE employee – a much
lower bar than Title VII)
9. 9
Is my company required to have a policy?
• The short answer:
◦ NO!
• The reality:
◦ It’s in your best interest to have a clearly defined, non-
discriminatory, policy
It will allow for easier administration and application of the policy;
It may attract new hires;
It can help with employee morale and reduce turnover;
It will help reduce confusion between your policy (whether you have one,
what it is, etc.) as compared to the federal and/or state requirements (e.g.,
FMLA, etc.)
10. 10
If we have a parental leave policy, must the leave
be paid?
• No, in Idaho you are not required to pay your employees
when they take parental leave.
◦ But, as of 2018, California, New Jersey, Rhode Island, and New
York require paid parental leave. (Washington too, as of 1/1/2020)
• But, if you do provide paid parental leave, you can require
employees to exhaust their other paid leave prior to parental
leave.
◦ You can require your employees use vacation/sick/PTO benefits
before collecting parental leave pay.
◦ However, think about the work/life balance here. Consider whether
you should allow employees to keep a few of their accrued paid
leave days to be used later in the year.
11. 11
FMLA Basics
• Applies to employers with more than 50 employees within 75 miles
• Eligible employees are those you have worked a minimum of 1,250 hours during the
prior year
• Requires you provide 12 weeks of unpaid leave to eligible employees
◦ Leave can be taken intermittently (doesn’t have to be in one chunk)
◦ You can define the “year” in which the employee takes leave on a rolling basis (rather
than calendar year)
◦ Must keep employee on health insurance, but do not have to allow accrual of sick time or
other benefits (like seniority) while employee is on leave
◦ Can run FMLA leave concurrently with company’s parental leave policy – don’t have to
allow both consecutively.
• Can require (and must allow) employee to sub paid leave from accrued sick/vacation
time, short term disability, long term disability, or state disability payments
12. 12
EEOC Pregnancy Discrimination Guidance:
• “For purposes of determining Title VII’s requirements,
employers should carefully distinguish between leave
related to any physical limitations imposed by pregnancy or
childbirth . . . and leave for purposes of bonding with a child
and/or providing care for a child.”
• “Leave related to pregnancy, childbirth, or related medical
conditions can be limited to women affected by those
conditions.”
• “However, parental leave must be provided to similarly
situated men and women on the same terms.”
13. 13
Informative Cases:
• Johnson v. University of Iowa, 431 F.3d 325 (8th Cir. 2005)
◦ The Eighth Circuit held that the university’s parental leave policy (which allowed
biological mothers to use accumulated sick leave after baby was born) was not
discriminatory even though biological fathers could not do the same
◦ “If the leave given to biological mothers is granted due to the physical trauma
they sustain giving birth, then it is conferred for a valid reason wholly separate
from gender. If the leave is instead designed to provide time to care for ... a
newborn, then there is no legitimate reason for biological fathers to be denied
the same benefit.”
• Josh Levs’ EEOC Charge Against Time Warner (2015)
◦ Levs alleged TW’s paid parental leave policy discriminated against biological
fathers. Birth mothers and adoptive parents received 10 weeks of paid leave, but
bio fathers only received 2 weeks. TW settled in 2015 and changed their policy
14. 14
Poor Policy = Problem
• August 2017 – EEOC sued Estee Lauder for sex
discrimination based on parental leave policy that was
applied differently to men than women
◦ Women given paid leave to recover from childbirth + 6 weeks of
paid parental leave for bonding
◦ Men only given 2 weeks of paid leave for bonding
◦ EEOC sued based on violation of Title VII and Equal Pay Act
15. 15
Estee Lauder continued:
• Estee Lauder settled the case for $1.1 million and
announced new, very generous policy for employees who
work 30 hours/week
◦ Now give 6-8 weeks to moms for recovery from childbirth + 20
weeks paid leave for bonding (available to moms and dads) +
$10,000 toward adoption + back-to-work transition program
◦ And, EL offers $20,000 toward infertility treatments
◦ Moral of the story: EL learned a lesson the hard way and is going
above and beyond to fix it (both legally and from a public relations
standpoint)
16. 16
What are the drivers for offering parental leave?
• Employee Influence
◦ Employees have begun demanding paid leave policies as a benefit.
◦ Multiple factors are at play, but they include: growing proportion of millennials in
the workforce, media coverage of companies’ new and expanding policies (Estee
Lauder), and hearing about friends’ or family members’ paid leave benefits
• Competitive Pressure
◦ Offering or expanding a parental leave policy can help an employer compete for
quality employees
• Influence of the tech industry
◦ Netflix offers 52 weeks of parental leave; Spotify offers 26 weeks
◦ Example: healthcare company in a rural are competes for workers with the
distribution center of a large tech company. Because the tech company offers
parental leave, the healthcare company felt it had to follow suit.
17. 17
Best Practices and Considerations for Drafting a
Parental Leave Policy
• Employer can choose the eligibility requirements
◦ You can choose who is eligible (as long as it’s not a discriminatory choice) and you don’t
have to give the benefit on day #1 of employment
Example: Estee Lauder requires at least 3 months’ work
But you can require up to 12 months. You can require some time of employment before
accrual just like with other benefits
• You can treat women who have given birth better than men
◦ As long as the leave is related to pregnancy, childbirth or related medical conditions it can
still be limited to females affected by the conditions. If you do this, expressly state the
leave is for physical recovery from pregnancy-related medical conditions and no other
reason.
◦ The key here is the physical recovery from childbirth! You can provide leave for
pregnancy-related medical issues (pre- and post-birth), and separate leave for bonding
after the baby is born. It is not discriminatory for men to only receive the bonding time, but
they must receive the SAME AMOUNT of bonding time
18. 18
Best Practices and Considerations Continued:
• You can run your policy at the same time as any applicable FMLA
leave.
◦ You are not required to piggyback them.
• Consider limiting the benefit over a period of time (e.g., a rolling year)
◦ You may have a situation where multiple births or adoptions occur in less than
12 months’ time!
• Avoid primary v. secondary caregiver policies
◦ You can allow the “primary” caregiver more time off, but it’s sticky, an
administrative nightmare, and can lead to unintended consequences (e.g.,
everyone claims they are the primary caregiver in order to get maximum time off;
employee complains of discrimination because only women are considered
primary caregivers by employer, etc.)
19. 19
Best Practices and Considerations Continued:
• As always, make sure the policy is written and provided to employees
• If you choose to offer pay (full or partial), the amount should be the
same for male and female employees (e.g., 100%, 50%, etc.)
• Implement the policy as written and equally across employees
• Train HR staff to properly administer the leave and avoid making
stereotypical comments
◦ New fathers cannot be discouraged from taking leave to accommodate parental
responsibilities, even if you know the new mother has also taken leave
• And, document, document, document the process and discussions
with the employee!
20. 20
Example Policy:
• General Statement of Purpose:
◦ [EMPLOYER NAME] recognizes that employees may need to be
absent from work to care for a newborn child or new adopted or
foster child (referred to as parental leave in this policy), or due to a
pregnancy-related condition (referred to as pregnancy leave in this
policy). [EMPLOYER NAME] provides pregnancy and parental
leaves of absence to all eligible employees in accordance with the
Family and Medical Leave Act (FMLA), Pregnancy Discrimination
Act (PDA), Americans with Disabilities Act (ADA) and any
applicable state law.
21. 21
Example Policy Continued:
• Procedure for requesting leave:
◦ If you need to take parental leave for the birth of your child or to care for a new
adopted or foster child, you should provide advance notice to your supervisor or
the [DEPARTMENT NAME] Department. When possible, you should give at
least 30 days' notice of your request for leave. If 30 days' notice is not possible
because of medical necessity or for other reasons, you should give as much
advance notice to [EMPLOYER NAME] as possible. Written notice is preferred,
but not required. If you are suffering from a pregnancy-related disability and
require reasonable accommodation (which may include leave) for this purpose,
please speak with [DEPARTMENT NAME] to discuss a reasonable
accommodation. You may be required to submit medical certification of your
disability.
22. 22
Example Policy Continued:
• Options for eligibility of employees:
◦ [All employees are eligible for [NUMBER] [weeks/months] of paid parental leave.
OR
◦ [Employees on maternity leave are eligible for [NUMBER] [weeks/months] of
paid parental leave/Employees on paternity leave are eligible for [NUMBER]
[weeks/months] of paid parental leave]. OR
◦ Employees are eligible for [NUMBER] [weeks/months] of parental leave if they
[ELIGIBILITY REQUIREMENTS]. OR
◦ [Additionally,] [A/a]ll employees are eligible for unpaid pregnancy disability leave
in accordance with the PDA and ADA. Please inquire with [DEPARTMENT
NAME] for information about eligibility requirements under these laws. This
leave may run concurrently with other leave where permitted by state and
federal law.] OR
23. 23
Example Policy Continued:
• More options for eligibility of employees:
◦ [Certain employees are eligible for unpaid pregnancy and parental
leave under the FMLA. Specifically, you are eligible for FMLA leave
if you:
Have worked for [EMPLOYER NAME] for at least 12 months (which need
not be consecutive).
Have worked 1,250 hours over the 12 months preceding the leave.
Are employed at a worksite with 50 or more employees within 75 miles.
Please contact [DEPARTMENT NAME] with any questions about your
eligibility for FMLA leave. You may be required to use any accrued and
unused [vacation and sick time/PTO] while on FMLA leave. For more
information, see [EMPLOYER NAME]'s FMLA Policy.]
24. 24
Example Policy Continued:
• Compensation During Leave:
◦ [Pregnancy and parental leave is unpaid. However, employees may use any or
all of their accrued but unused vacation or other paid time off during their
pregnancy or parental leave. OR
◦ During pregnancy and parental leave, employees will be paid [PERCENTAGE]%
of their normal rate of pay for [LENGTH OF TIME]. Employees also may use any
or all of their accrued but unused vacation or other paid time off during their
pregnancy and parental leave. OR
◦ During pregnancy and parental leave, employees will continue to be paid their
[EMPLOYER NAME] normal rate of pay for up to [LENGTH OF TIME].
Employees also may use any or all of their accrued but unused vacation or other
paid time off during their pregnancy and parental leave.] OR
◦ [Short-term disability insurance [is also/may also be] available for pregnancy
leave. Please see [DEPARTMENT NAME] for information about short-term
disability insurance, including eligibility requirements.]
25. 25
Example Policy Continued:
• Discrimination and Retaliation are Prohibited!
◦ [EMPLOYER NAME] prohibits and will not tolerate discrimination or retaliation
against any employee or applicant because of that person's pregnancy or
parental leave. Specifically, no one will be denied employment, reemployment,
promotion or any other benefit of employment or be subjected to any adverse
employment action based on that person's pregnancy or parental leave. In
addition, no one will be disciplined, intimidated or otherwise retaliated against
because that person exercised rights under this policy or applicable law.
◦ [EMPLOYER NAME] is committed to enforcing this policy against discrimination
and retaliation. However, the effectiveness of our efforts depends largely on
employees telling us about inappropriate workplace conduct. If employees feel
that they or someone else may have been subjected to conduct that violates this
policy, they should report it immediately. If employees do not report such
conduct, [EMPLOYER NAME] may not become aware of a possible violation of
this policy and may not be able to take appropriate corrective action.
26. 26
Example Policy Continued:
• Acknowledgement of Receipt and Review:
◦ Always make sure you have an acknowledgement that the
employee has received and reviewed the policy!
◦ Example policy acknowledgement is beefy, but thorough.
27. 27
• Liz M. Mellem
801.536.6694
amellem@parsonsbehle.com
Thank You
Editor's Notes
Pew Research September 2016 (“leave” means all kinds – maternity, paternity, parental)
2019
Source: EEOC Enforcement Guidance (June 25, 2015)
Although Title VII does not require an employer to provide child care leave if it provides no leave for other family obligations, the Family and Medical Leave Act requires covered employers to provide such leave. See Section III A., infra.
[IF STATE LEAVE IS AVAILABLE, INSERT INFORMATION ABOUT STATE-SPECIFIC LEAVE, INCLUDING DETAILS ABOUT AVAILABLE LEAVE, ELIGIBILITY REQUIREMENTS AND WHETHER IT RUNS CONCURRENTLY WITH OTHER LEAVE]
[IF STATE LEAVE IS AVAILABLE, INSERT INFORMATION ABOUT STATE-SPECIFIC LEAVE, INCLUDING DETAILS ABOUT AVAILABLE LEAVE, ELIGIBILITY REQUIREMENTS AND WHETHER IT RUNS CONCURRENTLY WITH OTHER LEAVE]