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Mandatory Employee
Leave:
An In-Depth Analysis of State
and Local Laws
October 2019
Presented by:
Jaime Lizotte, Manager, HR & Tax Compliance Solutions
Shanna Wall, Esq., Labor Law Attorney
What We’ll Cover
 What are the different kinds of leave
 What are the major leave leave laws under federal law
 What are the state and local mandated leave laws
 Why offering leave is good for business even if not legally
required to do so
 How to administer employee leave
 Special notification considerations
Types of Leave
 Family and medical
 Sick
 Paid time off
 Military/veterans
 Voting and election officials
 Domestic violence
 Bereavement
 And more
Major Federal Laws
 FMLA
 ADA
 USERRA
 Pregnancy Discrimination Act
 EEO laws protecting religious activities
Family and Medical Leave Act
 Allows eligible employees to take time off from work for certain medical
conditions and family obligations
 Applies to private employers with 50+ employees and public employers
 To be eligible, employees must have worked for a covered employer for a
total of 12 months, with a minimum of 1250 hours worked in the last 12
months prior to leave, and work at at location with at least 50 employees
within a 75-mile radius
 Leave can be taken for birth or placement of a child, for a serious health
condition, or to care for a family member with a serious health condition
 Leave may be unpaid
Americans with Disability Act
 Prohibits discrimination against qualified individuals
with disabilities
 Applies to businesses with 15+ employees
 Under the ADA, employers have a duty to
accommodate
 Reasonable accommodation may include a leave of
absence even if the leave exceeds the 12 weeks required
by the FMLA
 Leave may be unpaid
Uniformed Services Employment
and Reemployment Rights Act
 USERRA protects members of the military from
discrimination
 USERRA requires leave for military service
 Applies to nearly all employers regardless of size
 Leave may be unpaid
Pregnancy Discrimination Act
 Prohibits employers from discriminating based on
pregnancy, childbirth or related medical conditions
 Pregnant employees must be permitted to work as
long as they can perform their jobs
 Employers are required to grant leave in the same
manner as they would with any other disability or
medical issue
EEO Laws Protecting
Religious Activities
 Employers must reasonably accommodate
employees’ sincerely held religious beliefs unless
doing so would pose an undue hardship on the
business
 Reasonable accommodations may include flexible
scheduling, voluntary shift swaps, and time off for
sincerely held religious beliefs
State and Local Laws
 Sick leave
 Family and medical leave
 Paid time off for any reason
 Military/veterans leave
 Bereavement
 Jury duty
 Court cases
 Voting and election officials
 Domestic violence
 Emergency responders
 Blood, bone marrow and organ donation
 School activities
Sick Leave Laws
 Laws vary
 Amount of leave required
 Accrual rate
 How leave can be used
 Carry-over
 Time off may be paid or unpaid depending on the
applicable law and/or size of employer
 States include: Arizona, California, Connecticut, Maryland,
Massachusetts, Michigan, New Jersey, Oregon, Rhode
Island, Vermont and Washington
 Kin Care laws
State/Local Family and Medical
Leave Laws
 Laws vary
 Coverage and eligibility requirements
 Amount of required leave allowed
 Reasons for taking leave
 Time off may be paid or unpaid depending on the applicable law
 States include: California, Connecticut, Hawaii, Maine
Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode
Island, Vermont, Washington, Wisconsin and *District of Columbia
 Adoption laws, parental leave, pregnancy disability leave
Paid Time Off Laws
 New trend requiring employers to provide paid time
off for any reason
 Laws vary
 Accrual rate
 Amount of time available to take
 States that have passed required paid time off
 Nevada — effective January 1, 2020
 Maine — effective January 1, 2021
Military and Veterans Leave Laws
 Provides protections for employees to take time off to
fulfill military obligations
 Laws vary
 Almost every state has some form of state-specific
military leave law
 Generally, military laws only require unpaid leave
 States include: Iowa, Louisiana, Maine, Massachusetts,
New Hampshire and Oregon
Bereavement Laws
 Provides protections for employees who need time
off to grieve lost loved ones
 Laws vary
 Time off may be paid or unpaid depending on the
applicable law
 States include: Illinois and Oregon
Jury Duty Laws
 Provides protections for employees who need to take time off
for jury duty
 Laws vary
 Amount of time off will be dictated by the length of jury duty
 Every state except Montana has jury duty laws that give at
least equal rights as federal law
 Time off may be paid or unpaid depending on the applicable
law
Time Off for Court Cases
 Provides protections for employees who need to take
time off to attend court proceedings
 Laws vary
 Time off may be paid or unpaid depending on the
applicable law
 Over half of the states have laws protecting time off
for court cases
Voting and Election Officials
Leave Laws
 Provides protections for employees to take time off to vote and to
work as an election official on election day
 Laws vary
 Time off may be paid or unpaid depending on the applicable law
 More than half of the states have voting leave laws
 States with election official leave laws include: Alabama, California,
Delaware, Illinois, Kentucky, Minnesota, Nebraska, North Carolina,
Ohio, Virginia and Wisconsin
Domestic Violence Leave Laws
 Provides protections for employees who are victims
of domestic violence and/or sexual assault and need
to take time off for specific reasons such as seeking
medical treatment, attending court proceedings,
relocating, etc.
 Laws vary
 Time off may be paid or unpaid depending on the
applicable law
 Over half the states have these types of law
Emergency Responders Leave Laws
 Provides protections for employees who need to take
time off in conjunction with their duties as emergency
responders
 Laws vary
 Time off may be paid or unpaid depending on the
applicable law
 More than half the states have emergency responder
laws
Blood, Bone Marrow and Organ
Donation Leave Laws
 Provides protections for employees to take time off to
donate blood, bone marrow or organs
 Laws vary
 Time off may be paid or unpaid based on the applicable
law
 States include: California, Connecticut, Hawaii, Illinois,
Louisiana, Maine, Maryland, Minnesota, Nebraska, New
York, Oregon, South Carolina and Washington
School Activities Leave Laws
 Provides protections for employees who need to take
time off to attend certain school activities for their
children
 Laws vary
 Time off may be paid or unpaid depending on the
applicable law
 States include: California, Illinois, Louisiana,
Massachusetts, Minnesota, Nevada, New Jersey, North
Carolina, Oregon, Rhode Island, Tennessee and Vermont
Benefits of Time Off from Work
 Improved morale
 Improved health
 Reduces stress
 Improves mental health
 Improves productivity
 Increases focus
 Decreases burnout
 Decreases absenteeism
Administering Leave
 Have clear policies
 Document all absences
 Train managers
 Be consistent
Special Notification Considerations
 Written policies
 Required postings
 Mandatory employee notifications
ComplyRight HR Solutions
Company Policies
 Over 100 state-specific policies
 Attorney-written
 Recommended list of policies all businesses
should have
 Always up-to-date and compliant
 Editable content
 Easily publish and share with employees via
e-mail
For more information visit www.hrdirectapps.com
Connect With Us
@ComplyRight
@ComplyRight
ComplyRight,Inc.
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Mandatory Employee Leave: An In-Depth Analysis of State and Local Laws

  • 1. Mandatory Employee Leave: An In-Depth Analysis of State and Local Laws October 2019 Presented by: Jaime Lizotte, Manager, HR & Tax Compliance Solutions Shanna Wall, Esq., Labor Law Attorney
  • 2. What We’ll Cover  What are the different kinds of leave  What are the major leave leave laws under federal law  What are the state and local mandated leave laws  Why offering leave is good for business even if not legally required to do so  How to administer employee leave  Special notification considerations
  • 3. Types of Leave  Family and medical  Sick  Paid time off  Military/veterans  Voting and election officials  Domestic violence  Bereavement  And more
  • 4. Major Federal Laws  FMLA  ADA  USERRA  Pregnancy Discrimination Act  EEO laws protecting religious activities
  • 5. Family and Medical Leave Act  Allows eligible employees to take time off from work for certain medical conditions and family obligations  Applies to private employers with 50+ employees and public employers  To be eligible, employees must have worked for a covered employer for a total of 12 months, with a minimum of 1250 hours worked in the last 12 months prior to leave, and work at at location with at least 50 employees within a 75-mile radius  Leave can be taken for birth or placement of a child, for a serious health condition, or to care for a family member with a serious health condition  Leave may be unpaid
  • 6. Americans with Disability Act  Prohibits discrimination against qualified individuals with disabilities  Applies to businesses with 15+ employees  Under the ADA, employers have a duty to accommodate  Reasonable accommodation may include a leave of absence even if the leave exceeds the 12 weeks required by the FMLA  Leave may be unpaid
  • 7. Uniformed Services Employment and Reemployment Rights Act  USERRA protects members of the military from discrimination  USERRA requires leave for military service  Applies to nearly all employers regardless of size  Leave may be unpaid
  • 8. Pregnancy Discrimination Act  Prohibits employers from discriminating based on pregnancy, childbirth or related medical conditions  Pregnant employees must be permitted to work as long as they can perform their jobs  Employers are required to grant leave in the same manner as they would with any other disability or medical issue
  • 9. EEO Laws Protecting Religious Activities  Employers must reasonably accommodate employees’ sincerely held religious beliefs unless doing so would pose an undue hardship on the business  Reasonable accommodations may include flexible scheduling, voluntary shift swaps, and time off for sincerely held religious beliefs
  • 10. State and Local Laws  Sick leave  Family and medical leave  Paid time off for any reason  Military/veterans leave  Bereavement  Jury duty  Court cases  Voting and election officials  Domestic violence  Emergency responders  Blood, bone marrow and organ donation  School activities
  • 11. Sick Leave Laws  Laws vary  Amount of leave required  Accrual rate  How leave can be used  Carry-over  Time off may be paid or unpaid depending on the applicable law and/or size of employer  States include: Arizona, California, Connecticut, Maryland, Massachusetts, Michigan, New Jersey, Oregon, Rhode Island, Vermont and Washington  Kin Care laws
  • 12. State/Local Family and Medical Leave Laws  Laws vary  Coverage and eligibility requirements  Amount of required leave allowed  Reasons for taking leave  Time off may be paid or unpaid depending on the applicable law  States include: California, Connecticut, Hawaii, Maine Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, Wisconsin and *District of Columbia  Adoption laws, parental leave, pregnancy disability leave
  • 13. Paid Time Off Laws  New trend requiring employers to provide paid time off for any reason  Laws vary  Accrual rate  Amount of time available to take  States that have passed required paid time off  Nevada — effective January 1, 2020  Maine — effective January 1, 2021
  • 14. Military and Veterans Leave Laws  Provides protections for employees to take time off to fulfill military obligations  Laws vary  Almost every state has some form of state-specific military leave law  Generally, military laws only require unpaid leave  States include: Iowa, Louisiana, Maine, Massachusetts, New Hampshire and Oregon
  • 15. Bereavement Laws  Provides protections for employees who need time off to grieve lost loved ones  Laws vary  Time off may be paid or unpaid depending on the applicable law  States include: Illinois and Oregon
  • 16. Jury Duty Laws  Provides protections for employees who need to take time off for jury duty  Laws vary  Amount of time off will be dictated by the length of jury duty  Every state except Montana has jury duty laws that give at least equal rights as federal law  Time off may be paid or unpaid depending on the applicable law
  • 17. Time Off for Court Cases  Provides protections for employees who need to take time off to attend court proceedings  Laws vary  Time off may be paid or unpaid depending on the applicable law  Over half of the states have laws protecting time off for court cases
  • 18. Voting and Election Officials Leave Laws  Provides protections for employees to take time off to vote and to work as an election official on election day  Laws vary  Time off may be paid or unpaid depending on the applicable law  More than half of the states have voting leave laws  States with election official leave laws include: Alabama, California, Delaware, Illinois, Kentucky, Minnesota, Nebraska, North Carolina, Ohio, Virginia and Wisconsin
  • 19. Domestic Violence Leave Laws  Provides protections for employees who are victims of domestic violence and/or sexual assault and need to take time off for specific reasons such as seeking medical treatment, attending court proceedings, relocating, etc.  Laws vary  Time off may be paid or unpaid depending on the applicable law  Over half the states have these types of law
  • 20. Emergency Responders Leave Laws  Provides protections for employees who need to take time off in conjunction with their duties as emergency responders  Laws vary  Time off may be paid or unpaid depending on the applicable law  More than half the states have emergency responder laws
  • 21. Blood, Bone Marrow and Organ Donation Leave Laws  Provides protections for employees to take time off to donate blood, bone marrow or organs  Laws vary  Time off may be paid or unpaid based on the applicable law  States include: California, Connecticut, Hawaii, Illinois, Louisiana, Maine, Maryland, Minnesota, Nebraska, New York, Oregon, South Carolina and Washington
  • 22. School Activities Leave Laws  Provides protections for employees who need to take time off to attend certain school activities for their children  Laws vary  Time off may be paid or unpaid depending on the applicable law  States include: California, Illinois, Louisiana, Massachusetts, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Rhode Island, Tennessee and Vermont
  • 23. Benefits of Time Off from Work  Improved morale  Improved health  Reduces stress  Improves mental health  Improves productivity  Increases focus  Decreases burnout  Decreases absenteeism
  • 24. Administering Leave  Have clear policies  Document all absences  Train managers  Be consistent
  • 25. Special Notification Considerations  Written policies  Required postings  Mandatory employee notifications
  • 26. ComplyRight HR Solutions Company Policies  Over 100 state-specific policies  Attorney-written  Recommended list of policies all businesses should have  Always up-to-date and compliant  Editable content  Easily publish and share with employees via e-mail For more information visit www.hrdirectapps.com
  • 27. Connect With Us @ComplyRight @ComplyRight ComplyRight,Inc. Interested in more FREE webinars? Check out our webinar topics here. Wait… there’s more! Watch the recording of this webinar here.