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March 2024 DMEC Compliance Conference: Follow Up!

April 18, 2024

Reliance Matrix was honored to attend and present at two sessions last month at the 2024 Disability Management Employer Coalition (DMEC) Compliance Conference, March 25-28, 2024. On March 26, 2024, Reliance Matrix's Lana L. Rupprecht had the honor of moderating with Marjory Robertson of Sun Life on


Pregnancy Pregnant Workers Fairness Act (PWFA)	FINALLY!! The Final Regulations For the Pregnant Workers Fairness Act (PWFA) Are Here! April 15, 2024 Finally! After what started to feel like an eternal wait, the Equal Employment Opportunity Commission (EEOC) issued the final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA) earlier today. The PWFA is a federal law that requires most employers to provide reasonab Read More
Webinars/Podcasts/Conferences	April 2024 Quarterly Compliance Update April 12, 2024 It is already time again for the next Quarterly Compliance Update! Join us on Tuesday, April 16, 2024 at 2:00 p.m. E.T. to get an update on all major legal developments impacting the leave management industry over the period beginning January 2024 to the present! Specifically, the Compliance team wi Read More
Family/Medical Leave (PFML) - Paid State Laws - Other	O-R-E...Oh, Oregon. Oregon PFML and OFLA Legislation Has More Filling Than a Double Stuff Oreo®. April 10, 2024 Remember when we blogged about the alignment between Oregon Paid Family and Medical Leave (OR PFML) and the Oregon Family Leave Act (OFLA) here and here? IGNORE THEM! Just kidding, kinda. On March 20, 2024, Governor Kotek signed Senate Bill 1515 into law. The bill represents the Oregon legislature's Read More
State Laws - Other State Leaves State Paid Family and Medical/Disability Benefits	Do Employees in Statutory Paid Leave States Still Need STD Coverage? Yes They Do! April 04, 2024 As states continue to implement paid leave programs, more employers are asking whether Short Term Disability (STD) coverage still offers value to employees covered under a mandatory statutory paid leave program. Do employees really need both? The answer is yes, and we're here to tell you why. We pro Read More
Pregnant Workers Fairness Act (PWFA) Pregnancy Lawsuits/Court Opinions	Women's History Month and the PWFA! What is next? March 21, 2024 It's March and that means it's Women's History Month. As you probably know, two important laws were recently enacted that impact women: the Pregnant Workers Fairness Act (PWFA) and the PUMP for Nursing Mothers Act (PUMP Act). For background on each of these laws, check out our earlier blogs at the f Read More
ADA ADA - Reasonable Accommodation ADA - Undue Hardship	When Do Repeated Extension Requests Become Indefinite Leave? March 15, 2024 Spring Break season is here! As a result, employers may be receiving time off requests. Regular run of the mill vacation or PTO requests are generally easy to handle. But what should an employer do if faced with a scenario like the one below? Scenario: You have a long-term high performing employe Read More
FMLA Lawsuits/Court Opinions	Lessons from Wayland v. OSF Healthcare System, FMLA and Performance Standards March 07, 2024 Is an employer obligated to adjust its performance standards for employees who are taking leave under the Family and Medical Leave Act (FMLA)? The answer is yes, as the 7th Circuit recently confirmed in Wayland v. OSF Healthcare System (Feb. 28, 2024). In Wayland, the employee, Marianne Wayland (Way Read More
ADA FMLA Webinars/Podcasts/Conferences	Get Ready for the 2024 DMEC FMLA/ADA Compliance Conference! February 27, 2024 The 2024 Disability Management Employer Conference (DMEC) FMLA/ADA Compliance Conference starts March 25! For more information check out the agenda 2024 DMEC Compliance Conference Agenda \| DMEC, and registration information: 2024 DMEC Compliance Conference \| DMEC. Reliance Matrix will be there and p Read More
Family/Medical Leave (PFML) - Paid State Laws - Other	Breaking News: PFML Private Plan Reporting in Massachusetts February 20, 2024 On February 14, 2024, the Massachusetts Department of Family and Medical Leave (DFML) announced reporting requirements for paid family and medical leave private plans. Employers, insurance carriers, and third-party administrators may have received a blast email directly from DFML with the announceme Read More
ADA ADA - Reasonable Accommodation Lawsuits/Court Opinions	A Valentine’s Day Present! February 14, 2024 Happy Valentine's Day! The 10th Circuit recently showed its love for employers on February 7, 2024, in an employer-friendly decision, Freman v. City of Cheyenne. The Case In this case, the employee, Denise Freeman, was the human resources director for the City of Cheyenne. According to Freeman, once Read More
FMLA FMLA - Certifications	Happy Birthday FMLA! Now, how do I handle incomplete or insufficient medical certifications? February 08, 2024 This week, on February 5, the Family and Medical Leave Act (FMLA) turned 31! Happy birthday! Along with Presidents Washington and Lincoln, what a great month for a birthday! To celebrate, we want to revisit a common challenges employers face in administering FMLA leave: responding to incomplete or i Read More
Family/Medical Leave (PFML) - Paid State Laws - Other	Expiring and Renewing Private PFML Plans in Connecticut January 31, 2024 Like the avocados you are sure you just bought, is your Connecticut PFML private plan expiring? Private PFML plans in Connecticut are effective for three years, unlike the avocados which barely last for three days. Since the CT PFML program began in 2021, many private plans are expiring now. Unlike Read More
ADA FMLA Lawsuits/Court Opinions	Labrice v. City of Philadelphia: Important Lessons for Employers January 23, 2024 We are just a few weeks into 2024, and the Eastern District of Pennsylvania has already issued an interesting leave-related decision containing important reminders for employers. The case is Labrice v. City of Philadelphia, Civil Action No. 19-4377 (Jan. 16, 2024, E.D. Penn). On March 23, 2018, Mich Read More
DOL EEOC Bereavement Leave Pregnancy Pregnant Workers Fairness Act (PWFA) PUMP Act Lawsuits/Court Opinions State Paid Family and Medical/Disability Benefits	New Year! New Laws! 2024 Trends in Leave Management January 12, 2024 Happy New Year! We at Reliance Matrix are excited for 2024 and hope you are as well. To bring in the New Year, we are providing you with a countdown of the top 5 leave management trends we expect to see in 2024. Trend # 1: Increased Pregnancy Protections! The Pregnant Workers Fairness Act (PWFA) wen Read More
Webinars/Podcasts/Conferences	Quarterly Compliance Update January 08, 2024 Happy New Year! Let's start 2024 out right with another Quarterly Compliance Update! We will provide an update on all major developments from the last quarter of 2023 to the present! Join the Compliance Team on January 18, 2024 at 2:00 p.m. ET for an update on the following: Paid Family and Me Read More
State Leaves State Laws - Unpaid Leaves State Laws - Other Pregnant Workers Fairness Act (PWFA)	2023’s a Wrap! A Toast to 2024! December 27, 2023 Can you believe it's already the end of the year? And what a year it's been! In 2023, we saw the official end (finally!) of the COVID-19 National Emergency, the Pregnant Workers Fairness Act became effective, Minnesota and Maine passed their Paid Family and Medical Leave (PFML) laws, and the benefi Read More
Pregnant Workers Fairness Act (PWFA) Pregnancy	Pregnant Workers Fairness Act (PWFA) and the Final Regulations. We're Waiting!!! December 22, 2023 As we previously reported to you, the Equal Employment Opportunity Commission (EEOC) published proposed regulations and related materials in support of the Pregnant Workers Fairness Act (PWFA) back on August 11, 2023. Check out our prior blogs about this linked here: PWFA Proposed Regulations, Read More
Family/Medical Leave (PFML) - Paid State Laws - Other	The Gift That Keeps Giving or a Lump of Coal? California SB 951's Changes to SDI and PFL December 13, 2023 As we previously blogged about here, while the governor signed California SB 951 back in September 2022, its PFML gifts are now ready to be opened along with the presents to be opened for the December holidays. California's State Disability Insurance program (SDI) covers an employee's own non-work-r Read More
FMLA	Responding to FMLA Intermittent Requests for Planned Medical Treatment - When Does This "Unduly Disrupt" Operations? December 07, 2023 Intermittent leave under the Family and Medical Leave Act (FMLA) continues to challenge employers. The FMLA regulations require employees needing leave for planned medical treatment to make reasonable efforts to schedule such treatment in a manner that does not disrupt unduly the employer's operatio Read More
Family/Medical Leave (PFML) - Paid State Laws - Other	Black Friday, Cyber Monday, Travel Tuesday and PFML Rate Friday December 01, 2023 Now that the shopping days since Thanksgiving have passed, it's time to focus on PFML rate changes. Do you spend a portion of every day shopping all 14 of the state PFML websites to see which ones have posted their updated benefits and contribution rates for next year? What about the minimum wage an Read More
Family/Medical Leave (PFML) - Paid State Laws - Other	Colorado PFML – Like a Pardoned Thanksgiving Turkey, Be Thankful Rule Making is Ending for the Year November 22, 2023 About a month ago, we blogged about all the PFML rule changes in Oregon. Not to be outdone, Colorado enacted a significant number of PFML rule changes of its own. The most recent were enacted on October 31, 2023, as if Halloween wasn't scary enough. Here is a summary of the changes: 7 CCR 1107-3: Re Read More
ADA ADA - Documentation/Confidentiality	What Medical Information Can Employers Request and Remain ADA Compliant? November 15, 2023 Many employers do not know what medical information they are entitled to request under the Americans with Disabilities Act (ADA) and once they get such information, many employers do not know how to maintain it. But we can help. Here is a summary which is based upon the following EEOC Guidance: Enfo Read More
Family/Medical Leave (PFML) - Paid State Laws - Other	Employees in Massachusetts Will Be Able To Top Off Their Paid Family and Medical Leave (PFML) Benefits Soon! November 02, 2023 What does it mean to top off (or top up) PFML benefits? PFML benefits are typically partial wage replacement. Being able to top off or top up those benefits means that employees can supplement their PFML benefits to reach 100% (or closer to 100%) of their average wages while on leave. Previously, em Read More
Family/Medical Leave (PFML) - Paid State Laws - Other	Delaware PFML Going Where No PFML Plan Has Gone Before - Grandfathering October 30, 2023 Not content to simply follow the PFML path forged by others, Delaware is charting a new course that will allow employers to grandfather their existing leave benefits programs in lieu of participating in the Delaware Paid Leave, Family and Medical Leave Insurance Program (also referred to as the Heal Read More
State Laws - Other	California Reproductive Loss Leave October 24, 2023 The Governor of California recently signed SB848 which amends the California Fair Employment and Housing Act and requires certain employers to provide employees with 5 days of reproductive loss leave. Under this law, California employees who have worked for 30 days or more for an employer employing Read More
ADA	"I Need an Accommodation for my Disability, But I Won’t Talk to You!" How to Comply with the ADA with Uncooperative Employees October 18, 2023 Halloween is coming and sometimes, nothing can be scarier than struggling with employees who make vague references to an impairment but do not follow through and then, surprise you with a lawsuit later OR they ghost you and refuse to participate and/or cooperate in the interactive process. Consider Read More
Family/Medical Leave (PFML) - Paid State Laws - Other	And, Even More Updates on Paid Leave Oregon (Oregon’s Paid Family and Medical Leave (PFML))! October 17, 2023 If you attended our most recent Quarterly Compliance Update, Oregon (and to be fair, other states) has everyone running around with their PFML hair on fire. Since our last blog regarding Oregon PFML, a lot has happened: Thirty-five (35) rule changes (yes 35!) in Batch 7 of the Oregon Administra Read More
EEOC DOL	Big Brother is Watching You! Two Major Federal Agencies Agree to Collaborate in Employer Investigations September 27, 2023 Talk about collaboration on a grand scale! Two federal agencies of huge importance to employers are the Wage and Hour Division of the U.S. Department of Labor (DOL WHD) , and the Equal Employment Opportunity Commission (EEOC). On September 14, 2023, these agencies entered into a Memorandum of Unders Read More
Webinars/Podcasts/Conferences	Quarterly Compliance Update September 25, 2023 It is time again for another Quarterly Compliance Update. Join the Compliance Team on October 5, 2023 at 2:00 p.m. ET for all the latest information. The update will cover: Paid Family and Medical Leave Update Legislative Update Regulatory Guidance Update Enforcement and Litigation Read More
FMLA	"I'm Sick, I'm Dizzy and My Head Hurts!" Responding to Vague FMLA Requests September 19, 2023 What would you do if an employee called you stating the following? "I'm sick, I'm dizzy and my head hurts! There's a family emergency." "Please accept my doctor's note!" (And the note states: "Please excuse from work on 9/4/18. He had an app...") "My back and shoulder hurt...I need FMLA Read More
Pregnant Workers Fairness Act (PWFA) Pregnancy	Pregnant Workers Fairness Act (PWFA), Proposed Regulations, Part 2 September 06, 2023 As promised, here is Part 2 of our summary of key issues surrounding the proposed regulations and related materials for the Pregnant Workers Fairness Act (PWFA) published by the Equal Employment Opportunity Commission (EEOC) on August 11, 2023. First, here is our prior blog containing Part 1 of our Read More
Domestic Violence/Safe Leave State Laws - Other Bereavement Leave Donor Leave	Illinois Leave Law Activity: VESSA Amendments, New Type of Bereavement Leave and Organ Donation August 29, 2023 Earlier this month, the Governor of Illinois signed three leave-related laws impacting employees in Illinois. All are effective January 1, 2024. What are they? Read on for more! HB 2493 Amendments to Illinois Victims' Economic Security and Safety Act (VESSA) The law amends VESSA, as follows: If Read More
EEOC ADA	Must An Employer Accommodate an Employee's Commute? Maybe... August 25, 2023 Most employers understand they have an obligation to provide reasonable accommodations to disabled employees, absent undue hardship. But what if the employee needs an accommodation to get to and from work? Isn't that the employee's, and not the employer's, responsibility? The recent case, Equal Empl Read More
Pregnant Workers Fairness Act (PWFA) Pregnancy	Pregnant Workers Fairness Act (PWFA), Proposed Regulations, Part I August 23, 2023 On August 11, 2023 The Equal Employment Opportunity Commission (EEOC) published proposed regulations and related materials in support of the Pregnant Workers Fairness Act (PWFA). These materials are very comprehensive – as we mentioned in our previous alert, they are 275 pages long. For those of you Read More
Family/Medical Leave (PFML) - Paid State Laws - Other	The 14th Member of the Mandatory PFML Family is Born August 16, 2023 On July 11, 2023, Governor Mills signed the Maine PFML (ME PFML) program into law. Thirteen other states and D.C. have mandatory paid family and medical leave laws, all of which can be found on our Statutory Disability and Paid Family and Medical Leave Laws website. When does it start? Maine's PFML Read More
EEOC Parental/Bonding Leave Pregnancy	The EEOC Works Fast (This Time) – Proposed Pregnant Workers Fairness Act Regulations are Here! August 15, 2023 The federal Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. You can read our prior blogs about the Act here: Pregnant Workers Fairness Act: Reminder and Updated Poster Take Care of Your Pregnant Employees! Workplace Protections Continue to Increase Get Ready to Comply with th Read More
	Introducing Absence Mentor: You’re not in Kansas, anymore! (yet) August 13, 2023 I remember it like it was yesterday, sharing a glass of wine with my colleague Marti Cardi, talking about the amazing things happening at Reliance Matrix. Fast forward and here we are, with several milestones between now and then: Marti announced her quasi-semi-finally-ready-to-probably-start-h Read More
Family/Medical Leave (PFML) - Paid State Laws - Other	To Delay or Not Delay, That Was Oregon’s Question July 19, 2023 To delay or not delay, that was the question. Well, the wait is finally over. After much anticipation and more drama than Shakespeare's Hamlet, Oregon has decided that its PFML program is sufficiently solvent to proceed on September 3, 2023! However, there is so much more going on in Oregon – more t Read More
FMLA ADA	Don’t Forget Today! July 19, 2023 2023 Tools & Tactics Webinar: Navigating the "No Overtime" Compliance Quandary - Disability Management Employer Coalition (DMEC) Discussing FMLA and ADA and its impact on overtime Wednesday, July 19 at 12:00 p.m. ET Client Code: 23MATRIX1 STARRING: Shelby Felton, Esq. and Armando Rodriguez, Esq Read More
	Quarterly Compliance Update July 12, 2023 We hope you are all having a wonderful summer. Time is flying by! We cannot believe it is already time again for another quarterly update from Reliance Matrix. Join Nell Walker, Marti Cardi, Shelby Felton, Lana Rupprecht and the rest of the Compliance Team on July 13, 2023 at 2:00pm ET to get a quar Read More
	Supreme Court Clarifies the "Undue Hardship" Test for Religious Accommodations: The Standard is Higher July 03, 2023 On June 29, the Supreme Court of the United States issued an important decision impacting employers considering religious accommodations for their employees. In the decision, Groff v. DeJoy, the Supreme Court clarified the meaning of "undue hardship" under Title VII of the Civil Rights Act of 1964 ( Read More
FMLA Lawsuits/Court Opinions	67 Employees have Simultaneous Soft-Tissue Injuries! What’s an Employer to Do? June 29, 2023 Thanks for contributions from our Directors and Product Compliance Counsel Lana Rupprecht and Shelby Felton. "In order to maintain the integrity of the FMLA, employers must be able to investigate and address plausible allegations that employees have been dishonest in their medical leave claims. Read More
Pregnancy	Pregnant Workers Fairness Act: Reminder and Updated Poster June 26, 2023 This summer is flying by! Can you believe it almost the end of June? Also, can you believe that the Pregnant Workers Fairness Act (PWFA) is effective this week? On June 27, 2023!! Check out our prior blog posts summarizing the PWFA linked below. Get Ready to Comply with the Pregnant Workers Fairness Read More
ADA FMLA	Infertility – A Tangled Web of Employee FMLA and ADA Rights (Part 2: ADA Coverage) June 23, 2023 We're back with Part 2 of our discussion of employee workplace rights regarding infertility, this time addressing the Americans with Disabilities Act (ADA). Infertility is estimated to impact 1 in 8 couples in the United States. Treatment for infertility usually conflicts with work schedules and can Read More
FMLA	Planned Medical Treatment and the FMLA: Another DMEC Podcast! June 20, 2023 Matrix Absence Management, Inc. (Reliance Matrix) and the Disability Management Employer Coalition (DMEC), just posted a new podcast discussing how to handle an employee's intermittent leave requests for planned medical treatment as permitted and defined by the Family and Medical Leave Act (FMLA). D Read More
FMLA ADA Pregnancy	Infertility - A Tangled Web of Employee FMLA and ADA Rights (Part 1: FMLA Coverage) June 13, 2023 Infertility. Hard to imagine a more emotional and personal health issue, and one that employers often won't realize an employee is experiencing. But it's not an uncommon problem. The condition is defined as when a couple is unable to get pregnant after one year of regular unprotected sex. For women Read More
Family/Medical Leave (PFML) - Paid Parental/Bonding Leave Pregnancy	Minnesota: Time Off and Benefits and Leaves, Oh My! June 07, 2023 The Minnesota legislature was very busy this session paving the yellow brick road with leave options for life's various journeys. Reliance Matrix is here to provide a summary to help you and your employees navigate your way while avoiding lions, and tigers, and bears. Paid Family and Medical Leave L Read More
FMLA	Does FMLA Take a Holiday? New DOL Opinion Letter June 05, 2023 On May 30, 2023, right after the Memorial Day holiday, the Department of Labor (DOL), issued Opinion Letter FMLA2023-2-A. What question does the Opinion Letter address? The Opinion Letter discusses the calculation of leave taken under the Family and Medical Leave Act (FMLA) during a holiday week. Read More
Family/Medical Leave (PFML) - Paid	Paid Leave Oregon – It’s Coming! May 22, 2023 Paid Leave Oregon ensures employees can take paid time off to care for themselves or their loved ones during life's important moments. We have a special pre-recorded webinar to explore all that you need you know in advance of the go live date. Hosted by Rebecca Ford, Esq. Product Director and Shelby Read More
Family/Medical Leave (PFML) - Paid	Paid Family and Medical Leave Programs: Keep Up with the New Trends! May 22, 2023 As many of you know, several states have adopted mandatory paid family and medical leave (PFML) programs that are overseen by the state and funded by employee payroll taxes and/or employer contributions. But more and more states are offering alternative models of such programs. Voluntary Programs On Read More
FMLA DOL	New FMLA Poster! May 15, 2023 You may have heard, the U.S. Department of Labor (DOL) just revised its Family and Medical Leave Act (FMLA) poster. How exciting! What is this FMLA poster? Under the FMLA regulations, all covered employers must post and keep posted, a poster explaining the FMLA and describing how employees may file Read More
FMLA	Balancing Employees’ Obligations to Report and Communicate but not “Work” While on FMLA Leave May 03, 2023 "Where did you save the latest customer list?" "How are you feeling?" "I know you're on leave but can you just finish that Jones project in the next few days?" Understanding what employers can communicate to employees who are on Family and Medical Leave Act (FMLA) leave – and what they can expect in Read More
FMLA Family/Medical Leave (PFML) - Paid	More Webinars! FMLA Abuse, FMLA and Overtime, Paid Leave Oregon and More April 27, 2023 The Reliance Matrix Product Compliance Team has been very busy in preparation for some key webinars. First, on Wednesday, May 3, 2023, at 11:15-12:15 Eastern Time, Nell Walker, Vice President, Deputy General Counsel & Chief Compliance Officer and Lana Rupprecht, Director & Product Compliance Counsel Read More
	Quarterly Compliance Update April 17, 2023 It is about that time again! Join Marti Cardi, Shelby Felton, Armando Rodriguez and Eric Broutman from the Matrix Product Compliance Team on April 24, 2023 at 2:00pm EST to get a quarterly update. They will cover: An update on state and federal legislation Updates on state Paid Family and M Read More
ADA	8th Circuit finds no ADA violation for terminating an employee who will “fight you to the end…” March 27, 2023 The 8th Circuit Court of Appeals, in the case, Winters v. Deere & Company, just issued a pro-employer decision. This case is an important resource for employers struggling with employees who display inappropriate conduct at work and who refuse accommodations. The Facts The employee, Michael James Wi Read More
	The 2023 DMEC Compliance Conference is Almost Here! March 20, 2023 The 2023 DMEC FMLA/ADA Compliance Conference, starts next, Monday March 27. The 2023 conference offers the latest solutions to the complex world of compliance. Register here: www.dmec.org/compliance-conference Come see Reliance Matrix at our booth 305 during the week and chat with a Reliance Matrix Read More
	Cause for Celebration or Ho-Hum? A Look at the Impact of the End of the COVID National Emergency on Leave and Disability Laws March 08, 2023 President Biden recently announced that effective May 11, 2023, he will end the public health emergency, more than three (3) years after initially declared. Woo hoo! Or is it, so what? Most mask mandates ended long ago, and over the years (years!) of COVID, recommendations on quarantining and other Read More
DOL	DOL’s NEW Field Assistance Bulletin (FAB) for Teleworkers February 24, 2023 The Wage and Hour Division of the U.S. Department of Labor (DOL) has been busy this month. On February 9, the DOL issued an Opinion Letter discussing mandatory overtime and the FMLA. Marti Cardi discusses this in detail in a prior blog: DOL Confirms: Employees Can Avoid Mandatory Overtime Indefinite Read More
Pregnancy	Take Care of Your Pregnant Employees! Workplace Protections Continue to Increase February 20, 2023 2023 is off to a good start for pregnant workers. Two federal laws passed at the end of 2022 provide accommodation rights and other protections to pregnant employees. The trend continues full speed among states to pass laws requiring workplace accommodations and other job protections for pregnant em Read More
DOL FMLA	DOL Confirms: Employees Can Avoid Mandatory Overtime Indefinitely by Using an FMLA Reduced Schedule February 14, 2023 Does this sound familiar? Your employee Alex works in a department that regularly requires mandatory overtime. Alex has presented you with an FMLA request and a certification from a health care provider limiting Alex to working 8 hours per day – indefinitely. Alex is the 4th employee on a team of 10 Read More
FMLA	FMLA at 30 – Is It Time to Revitalize? February 07, 2023 In case you've missed all the publicity, the federal Family and Medical leave Act ("FMLA") turned 30 on February 5. You know the basics: employers with 50 or more employees must provide job-protected leave for eligible employees for specific reasons, including caring for a limited selection of famil Read More
ADA	Wait, What? States Have Disability Accommodation Laws Too!?! January 30, 2023 We know being a multi-state employer isn't easy, but when it comes to disability accommodations, maybe you thought you could relax a little. There's the Americans with Disabilities Act (ADA), and there's California. Nothing else to know, right? Wrong. Although we hate to see any of you lose sleep, w Read More
Domestic Violence/Safe Leave	Understanding Domestic Violence Leave Laws: A DMEC Podcast January 23, 2023 Matrix has, once again, teamed up with the Disability Management Employer Coalition (DMEC), this time for a podcast discussing domestic leave laws. During this podcast, Marti Cardi and Lana Rupprecht discuss and answer questions about leave laws for victims of domestic or sexual violence and share t Read More
FMLA Pregnancy	Get Ready to Comply with the Pregnant Workers Fairness Act (PWFA) in 2023 January 09, 2023 On December 29, 2022, the President signed the Consolidated Appropriations Act. One part of this Act included the Pregnant Workers Fairness Act (PWFA), effective June 27, 2023. What is the PWFA? This is a federal law with a stated purpose to "eliminate discrimination and promote women's health and Read More
	DON’T MISS THE NEXT QUARTERLY COMPLIANCE UPDATE January 04, 2023 Happy New Year! Join the Matrix Compliance Team on January 10, 2023 at 2:00pm EST to get an update on the fourth quarter of 2022 and what's coming up in the first quarter of 2023. This quarterly update will cover: An update on state and federal legislation Updates on state Paid Family and Read More
ADA Domestic Violence/Safe Leave FMLA	Post Holiday Blues: Handling Employees' Mental Health Conditions January 03, 2023 It is well known that the year-end holidays can be difficult for some individuals, particularly those suffering with mental health conditions. According to the Centers for Disease Control (CDC), the number of visits to physician offices with mental illness as the primary diagnosis is: 55.7 million. Read More
DOL FMLA	Cancer Knows No Season – Helpful FMLA Guidance from the Department of Labor December 22, 2022 I was debating a fun little Rudolph-based blog post (Is that red nose a disability? Was it an ADA violation for his co-workers to exclude him from the reindeer games?) but then Helen Applewhaite dropped a note in my inbox telling me about some new Family and Medical Leave Act (FMLA) materials. Ms. A Read More
Family/Medical Leave (PFML) - Paid	Early New Year's PFML Toast to Oregon and Colorado December 15, 2022 We recently posted an update on the New Hampshire voluntary paid family and medical leave program. But that's not the only state with significant events happening when the ball drops on December 31, 2022! Here's what's happening starting January 1, 2023, in Oregon and Colorado. Oregon Milestones. Wi Read More
Family/Medical Leave (PFML) - Paid	Granite State PFML Program – Gathering No Moss... (and why you should pay attention even if you don’t have New Hampshire employees) December 07, 2022 State paid family and medical leave (PFML) programs just keep rolling along, and that includes New Hampshire's Paid Family and Medical Leave Plan. In the quickest state PFML turnaround timetable to date (and that's not necessarily a good thing in the PFML space) New Hampshire is set to begin offerin Read More
FMLA Lawsuits/Court Opinions	One FMLA Call-In Number or Two? Employers Can Pick but Should Make It Clear December 01, 2022 Long-time readers of this blog know that employers can require employees to report an FMLA-covered absence twice – once to the FMLA administrator and once to another source for attendance purposes. A recent case out of the Sixth Circuit, Render v. FCA US, LLC, brings home the point that an employer Read More
Family/Medical Leave (PFML) - Paid	California Dreamin' October 24, 2022 All the leaves aren't quite brown, and the sky isn't quite gray yet (well, I guess it depends on where you live!), but we're definitely thinking about California. On September 29, 2022, Governor Gavin Newsom signed 4 leave-related bills into law. Let's jump right in and take a look at the changes. C Read More
FMLA Lawsuits/Court Opinions	The "Cat's Paw" and the FMLA October 21, 2022 Ready for a modern-day fable? The 10th Circuit Court of Appeals recently issued a pro employer decision in an FMLA retaliation case by analyzing one of our favorite legal principles, the "cat's paw" theory of liability. In legal cases, the cat's paw theory holds that an employer can be liable for un Read More
Domestic Violence/Safe Leave FMLA	NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH October 12, 2022 In recognition of National Domestic Violence Awareness Month, we have teamed up with the Disability Management Employer Coalition (DMEC) and will be participating in the 2022 DMECommunities Q&A: Domestic Violence Leave Laws, a Q&A session on Wednesday, Oct. 19 from 12:00-12:30 pm ET. If you are a DM Read More
Family/Medical Leave (PFML) - Paid	More Webinars! Closing in on OR and CO PFML! PLUS Our Quarterly Compliance Update October 03, 2022 We are excited share with you links to some upcoming webinars. Each of these webinars is available live or on demand (after the presentation date) with a click on the links below. First, an update on October 11, 2022 on the Oregon and Colorado Paid Family and Medical Leave Programs and the fast-app Read More
FMLA Lawsuits/Court Opinions	Look Out Employers! Facebook Messenger May Be Sufficient Notice Under The FMLA September 21, 2022 Imagine this: Your employee Kasey misses several days of work due to a recurring infection related to an emergency appendectomy. Your policy, which is provided to all employees, requires Kasey to call in on a specific phone line at least 30 minutes before a shift if going to be tardy or absent. If a Read More
Family/Medical Leave (PFML) - Paid	Oregon and Colorado PFML: Shifting Sands September 12, 2022 Employers are eager – shall we even say anxious? – for concrete information about the imminent paid family and medical leave programs in Oregon and Colorado, but with contribution effective dates and private plan deadlines only a few months away, are there enough details to satisfy them? Maybe not. Read More
ADA FMLA	Employers: Update Your Understanding of the Interactive Process August 16, 2022 When an employee provides notice to his employer of a disability and expresses a desire for a reasonable accommodation, the employee and the employer must engage in good-faith communications—what we have termed the interactive process. Once an employee triggers the interactive process, both the emp Read More
DOL EEOC FMLA	Important Takeaways from the DOL and EEOC at the August 2022 DMEC Annual Conference! August 04, 2022 This week, while attending the 2022 Disability Management Employer Coalition (DMEC) Annual Conference, Marti Cardi had the honor of acting as one of the moderators (together with Marjory Robertson of Sun Life) for a panel that included Helen M. Applewhaite, Director of the FMLA Division for the U.S. Read More
Lawsuits/Court Opinions Family/Medical Leave (PFML) - Paid	I’ve Been Everywhere Man... August 01, 2022 My goodness, has it been a month? Sorry about that dear, readers – but as Johnny Cash alluded to in our title here; we’ve been a little busy. And, it’s not letting up! This week it’s off to Denver for the DMEC Annual Conference for two sessions (we’re at booth 409 stop by and say Hi!). Be on the Read More
Family/Medical Leave (PFML) - Paid	Illinois Expands Bereavement Leave June 30, 2022 Did you know that Illinois, Oregon, and Washington are the only states that require employers to provide bereavement leave to their employees? Illinois's Child Bereavement leave has been in effect since 2016. Recently, Illinois enacted a law to expand coverage. While the expansion does not increase Read More
Family/Medical Leave (PFML) - Paid	Six Months After Paid Leave "Go Live," Connecticut's Employer Notice Requirement Takes Effect June 13, 2022 UPDATE - June 17, 2022 Many employers have been concerned about the short period of time to comply with this notice requirement. Even though it has been in the Connecticut PFML statute for a couple of years, details about the notice requirement were just released this month. Well good Read More
Parental/Bonding Leave Family/Medical Leave (PFML) - Paid	Coming Soon To an Alabama Employer Near You: Alabama Parental Leave! June 03, 2022 Eligible Alabama employees will soon be able to take up to 12 weeks of parental leave to care for and bond with a newborn or newly placed adopted child. Like Delaware’s new family and medical leave insurance law, Alabama’s new parental leave law, “The Adoption Promotion Act,” (Senate Bill 31) borrow Read More
FMLA Family/Medical Leave (PFML) - Paid	Who's on First: "Work State" and the Impact on Paid Leave Benefits June 01, 2022 Lately, employers are asking Matrix what state they should designate as the "work state" for their employees. Now, you may be asking yourself, "how many people really come to you and ask about work state?" The answer is: a lot! As the elusive Return To Office (or RTO) becomes more aspirational and l Read More
FMLA Lawsuits/Court Opinions	NO CERTIFICATION? THEN, NO FMLA LEAVE FOR YOU! May 24, 2022 Employers often receive medical documentation from an employee to support an FMLA request, but no certification. What should an employer do in that situation? Consider the following scenario. Jake and Zyloc * Jake (a fictional character) worked for Zyloc (a fictional company) as a financial analyst. Read More
Family/Medical Leave (PFML) - Paid	Next on the Hit Parade: Delaware Family and Medical Leave Insurance May 11, 2022 The buzz around Maryland’s Paid Family and Medical Leave (PFML) hasn’t even died down and here’s Delaware with their Family and Medical Leave Insurance program (FMLI). Unlike Maryland, Delaware Senate Bill 1 became law without the dramatic flair of a veto and veto override. That being said, this bil Read More
ADA	Join us for a timely DMEC webinar on Workplace Accommodations May 02, 2022 You know, while many of you were outside on the playground during recess, we here at Matrix Radar were inside double-checking our work. We never got to sit with the Cool Kids, but look at us now: After all these, people are still asking us for the answers! Which is why we want to invite you to join Read More
Family/Medical Leave (PFML) - Paid	It’s a New Year, and We Have New PFML Laws! Developments in 2022 (So Far!) April 18, 2022 We’re off to a grand start for paid family and medical leave developments in 2022. In this post we’ll share: Our up-to-date map showing 2022 state PFML legislative activity The new Virginia law authorizing private paid family leave insurance independent of a state program The just-pass Read More
Parental/Bonding Leave	TOP 5 ISSUES TO CONSIDER WHEN PREPARING A PARENTAL LEAVE POLICY April 07, 2022 Are you thinking about implementing a parental leave policy? Good for you! Well planned parental leave policies are excellent recruiting and retention tools, AND more importantly, offer great benefits for your employees. Planning ahead is essential—even more so due to multiple state paid family and Read More
ADA FMLA Lawsuits/Court Opinions Family/Medical Leave (PFML) - Paid	DMEC Compliance Conference March 17, 2022 Good Things Come to Those Who Wait! And this year’s DMEC Compliance Conference, starting this coming Monday March 21st, is no different! Our very own Marti Cardi, Vice President Product Compliance and Lana Rupprecht, Director, Product Compliance will be front and center on the last two days of the Read More
ADA DOL FMLA Lawsuits/Court Opinions	Valentine’s Day Workplace Happenings February 14, 2022 Valentine’s Day isn’t usually a big event for leaves of absence, but join us as we take a look at 3 scenarios where the employers had their hands full. Flower Power Miranda has numerous allergies for which she takes FMLA time periodically, especially in the Spring when plants are in bloom. She Read More
Lawsuits/Court Opinions OSHA	Vaccination Update: OSHA ETS Withdrawn But OSHSA Is Still Seeking a Permanent Standard January 27, 2022 You knew it was coming...another update on vaccination mandates. As we previously informed you here, on January 13, 2022, the U.S. Supreme Court issued an Order staying the enforcement of the OSHA Emergency Temporary Standard (ETS). The OSHA ETS was the federal vaccination or testing requirement for Read More
	Now That The OSHA ETS Is Blocked, Beware Of State Legislation... January 18, 2022 As we reported on Friday, here, the U.S. Supreme Court blocked OSHA's enforcement of the Emergency Temporary Standard (ETS), which previously required many private employers with 100 or more employees to implement a vax or test policy. Employers may still opt to implement such a policy. As promised Read More
Pandemic Lawsuits/Court Opinions OSHA	The OSHA ETS Is Blocked But The CMS IFR Moves Forward January 14, 2022 During our January 11 Quarterly Compliance Update we reported that the Supreme Court of the United States (SCOTUS) heard oral arguments on January 7 on two federal vaccination mandates. Specifically, SCOTUS was asked to determine whether the OSHA Emergency Temporary Standard (ETS) and the Interim Fi Read More
Pandemic DOL FMLA Lawsuits/Court Opinions Family/Medical Leave (PFML) - Paid	Q4 - The Docket January 10, 2022 Happy New Year! But before we close the books on 2021, let’s take a last look at the fourth quarter of 2021, its legislative activities and go over what it means to you. Compliance updates in the coming year show no sign of slowing down, but keep up with our webinar series, The Docket: The fourth Read More
ADA Pandemic DOL EEOC FMLA Lawsuits/Court Opinions Family/Medical Leave (PFML) - Paid	Your 2021 Wrapped: A Year in Leave Management January 03, 2022 In December, social media was flooded with users sharing their 2021 Wrapped, exposing their eclectic tastes in music with the world. Apparently, I listen to movie soundtracks WAY more than I realized, but that’s not important right now. Immediately after, people on the internet started imagining wha Read More
Family/Medical Leave (PFML) - Paid	Massachusetts PFML Turns 1! December 22, 2021 And even after almost a year of paying benefits, many issues are still murky at best regarding how to administer – or how the state will administer – the Massachusetts Paid Family and Medical Leave program (MA PFML). But last week the Massachusetts Department of Family and Medical Leave gifted emplo Read More
Pandemic Lawsuits/Court Opinions OSHA	The OSHA Vaccination Mandate is Back! December 20, 2021 What a weekend! Just as we were about to start writing a blog summarizing various state vaccination-related laws, we received word on late Friday evening, December 17, that the 6th Circuit Court of Appeals dissolved the prior stay on the OSHA Vaccination and Testing Emergency Temporary Standard (OS Read More
Pandemic OSHA Family/Medical Leave (PFML) - Paid	New York City's Guidance on Vaccination Mandates And Other Vaccination Mandate Litigation... December 16, 2021 New York City (NYC) released its guidance, the Implementing Order of the Commissioner of Health and Mental Hygiene to Require COVID-19 Vaccination in the Workplace (“Order") and additional resources on its vaccination mandate for private businesses with workers in NYC. We previously discussed NYC’s Read More
Pandemic Lawsuits/Court Opinions OSHA	Vaccination Mandates: More Court Activity December 10, 2021 As we were writing our blog on the NYC vaccination mandate, a federal district court issued a nationwide injunction on the federal contractor COVID-19 vaccination mandate, Executive Order 14042. Here is the rundown of that decision and additional vaccine-related court developments. Nationwide Injunc Read More
Family/Medical Leave (PFML) - Paid	Changes to Connecticut FMLA are coming! Just when you thought you had CT paid leave mastered... December 09, 2021 January 1 is just around the corner and Connecticut employees will be eligible to receive Paid Family and Medical Leave (PFML) benefits. But that's not all! Many changes to the Connecticut Family and Medical Leave Act (CT FMLA) are also effective as of January 1, 2022. In all of the hullabaloo conce Read More
Pandemic	Vaccination Mandates: New York City and Other Key Vaccination Laws December 08, 2021 New York City Vaccine Mandate for Private Businesses What Happened? Yesterday, New York City (NYC) announced a vaccination mandate applicable to private businesses with employees working in NYC. Here are the key points employers should know. All private employers must require every NYC employee Read More
Domestic Violence/Safe Leave Family/Medical Leave (PFML) - Paid	ILLINOIS EXPANDS ITS DOMESTIC VIOLENCE LEAVE LAW EFFECTIVE JANUARY 1, 2022 December 01, 2021 Would you like a break from all the updates on the vaccination mandates? Well, here you go. This blog is devoted to discussing amendments to the Illinois Victims Economic Security and Safety Act (VESSA) taking effect in the New Year. The law, which can be found here, currently permits employees wor Read More
Pandemic DOL	Vaccination Mandates: More Injunctions – And DOL Extends Notice and Comment Period on OSHA ETS December 01, 2021 As promised, we are continuing to monitor the developments on the vaccination mandate front. This continues to be a fluid and fast-paced situation. In fact, while we were drafting this blog, we had to revise twice to incorporate the new changes. For background, our previous blogs on vaccination mand Read More
Pandemic Family/Medical Leave (PFML) - Paid	Even MORE Vax News: Florida’s Restrictions on Vaccination Mandates November 29, 2021 On the same day we were preparing our blog discussing the status of federal vaccination mandates applicable to private employers, the state of Florida enacted its own law significantly restricting—but not prohibiting—Florida private employers’ ability to impose vaccination mandates. Here is a quic Read More
Pandemic DOL FMLA Lawsuits/Court Opinions	Yet Another Update on Vaccination Mandates November 18, 2021 Yes, we have yet another blog on the current status of the federal vaccination mandates. Our previous blogs on this topic can be found here, here and here. Here are some key updates and links to important resources. On Friday, November 12th, the 5th Circuit Court of Appeals, as we previously Read More
Pandemic DOL FMLA OSHA	3 Federal Vaccination Mandates – Which One Applies to YOUR Business? November 15, 2021 By now, you and most employers have heard about OSHA’s Vaccination and Testing Emergency Temporary Standard (“ETS”) which requires private employers with 100 employees or more to implement employee vaccination or weekly testing requirements by January 4, 2022. Our updates on this can be found here Read More
Pandemic OSHA	OSHA'S Vaccination/Testing ETS Temporarily Blocked by Court November 08, 2021 On Friday, we sent out an update on OSHA’s Vaccination and Testing Emergency Temporary Standard (“ETS”) which requires private employers with 100 employees or more to implement employee vaccination or weekly testing requirements by January 4, 2022. This blog can be found here and the ETS is here. Sh Read More
Pandemic OSHA	OSHA’S ETS IS HERE-NOW WHAT? November 05, 2021 OSHA’s long-awaited Vaccination and Testing Emergency Temporary Standard (“ETS”) for private employers with 100 or more employees has arrived. The ETS, which can be found at Federal Register: COVID-19 Vaccination and Testing; Emergency Temporary Standard, requires the full vaccination (or the beginn Read More
FMLA Lawsuits/Court Opinions	TRUE FMLA STORIES FROM RECENT COURT OPINIONS – THE FAQS: PART 2 November 03, 2021 In September, the Matrix compliance team presented a DMEC webinar, True FMLA Stories from Recent Court Decisions, which can be viewed here. We received great questions from attendees during that webinar and answered some of them in a blog post last month. Now we take on more questions raised by at Read More
FMLA Family/Medical Leave (PFML) - Paid	Paid Family and Medical Leave – An Update October 29, 2021 Employers, Employees, Consultants, and Carriers are struggling to keep up with nationwide legislative updates and what it means to them. Join us for this checkpoint of where things stand and where they may be heading. Date and Time: Thursday, November 11th at 2:30 pm ET Host: Marti Cardi, Esq. VP, P Read More
Domestic Violence/Safe Leave FMLA Lawsuits/Court Opinions	OCTOBER: NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH October 20, 2021 In 1989, the U.S. Congress passed a law designating October as National Domestic Violence Awareness Month. Despite increased awareness of this issue, the following statistics from the National Coalition Against Domestic Violence are troubling: More than 10 million adults experience domestic vio Read More
Pandemic DOL EEOC FMLA Lawsuits/Court Opinions Family/Medical Leave (PFML) - Paid	Stay in the Know with Our Quarterly Compliance Webinars! October 08, 2021 Compliance updates show no sign of slowing down, but you can keep up with our new webinar series, The Docket: The third quarter review of All Things Absence! Although topics may change quarter to quarter, Matrix Absence Management Vice President Marti Cardi, Esq. together with her team Lana Rupprec Read More
FMLA Lawsuits/Court Opinions	True FMLA Stories from Recent Court Opinions – The FAQs October 04, 2021 On September 14 (has it been that long ago?), the Matrix compliance team presented True FMLA Stories from Recent Court Decisions as a DMEC webinar (Disability Management Employer Coalition). And if you don’t know DMEC, you should – check them out at dmec.org. And here’s good news: the On Demand re Read More
Family/Medical Leave (PFML) - Paid	Washington D.C. Ups Its Game – Expansions to Universal Paid Leave and Employee Protections September 27, 2021 Sitting in the shadow of the controversy over whether the Feds will pass a paid family and medical leave program, the District of Columbia has not shied away from its own PFML program. Two significant new laws (well really, a collection of laws) have expanded D.C.’s Universal Paid Leave (UPL) progr Read More
FMLA Lawsuits/Court Opinions	True FMLA Stories from Recent Court Opinions September 07, 2021 Tuesday, September 14 \| 12:00 pm ET When dealing with leaves of absence, the Family and Medical Leave Act (FMLA) statute sets the framework, while the regulations provide more detail, and the Department of Labor’s (DOL) opinion letters give us the government’s side of the story. But there’s more to Read More
Domestic Violence/Safe Leave FMLA Family/Medical Leave (PFML) - Paid	Missouri Offers Job-Protected Leave to Victims of Domestic and Sexual Violence August 23, 2021 Effective August 24, 2021, Missouri becomes the latest state to mandate job-protected leave of absence when an employee or a family or household member is a victim of domestic or sexual violence. With this law, Missouri joins California, Colorado, Connecticut, Florida, Hawaii, Illinois, Kansas, Main Read More
Pandemic DOL FMLA Family/Medical Leave (PFML) - Paid	A Mid-Summer Night's Reminder - New and Expanded Leave Laws for 2021-2022 August 10, 2021 Isn’t it weird how summer speeds up right after July 4th? We’re more than halfway through the dog days, and a lot has happened in the state and federal legislatures regarding paid and traditional leave laws. Who can keep track of it all? Who wants to? Spoiler alert: We can, and – like the governmen Read More
ADA Pandemic DOL FMLA Lawsuits/Court Opinions Family/Medical Leave (PFML) - Paid	Stay in the know with our new quarterly compliance webinars! July 19, 2021 Compliance updates show no sign of slowing down, but you can keep up with our new webinar series, The Docket: A Quarterly Review of All Things Absence! Although topics may change quarter to quarter, Matrix Absence Management Vice President Marti Cardi, Esq. will cover: Pending and recently pas Read More
Family/Medical Leave (PFML) - Paid	New Hampshire Passes a Paid Family and Medical Leave Law -- And It's A Different Animal! July 06, 2021 New Hampshire has joined the PFML club but with a new kind of membership – a model we haven’t seen before in other states with statutory paid family and medical leave programs. Does the “Granite State Paid Family Leave Plan” represent the start of a new style of PFML programs, or is it just what you Read More
FMLA Lawsuits/Court Opinions	A "Backwater Position" after FMLA Leave? Sorry, all things are not Equal (or Equivalent) June 02, 2021 The Family and Medical Leave Act requires employers to reinstate an employee to the same, or an equivalent, position following an approved leave. Often this means employers are left to wrestle with the question of what constitutes an “equivalent position” under the FMLA. A recent case from federal d Read More
FMLA Family/Medical Leave (PFML) - Paid	"Can You Help Me Design a PFML Plan that Satisfies All State Requirements?" Part III in our Paid Family Leave Trilogy May 10, 2021 This is the third of a 3-part series on paid family and medical leave (PFML). Here are the prior posts: This is the third of a 3-part series on paid family and medical leave (PFML). Here are the prior posts: The FAMILY Act – Federal Paid Family and Medical Leave Coming Your Way? (Part II) Read More
FMLA Family/Medical Leave (PFML) - Paid	Paid Family & Medical Leave Updates: A Free Webinar May 03, 2021 If you’re a regular reader you know here at Matrix-Radar we spend a lot of time talking about Paid Family and Medical Leave. It’s not ‘cause we love it so much – honest! It’s because, week to week, there’s always something to talk about! If you’re ready for a valuable State of the State (and sometim Read More
ADA FMLA Lawsuits/Court Opinions	Workers' Comp and FMLA – A Clash of Titans or Friends Holding Hands? April 20, 2021 Pop Quiz: Your employee is injured on the job. Is he covered by workers’ compensation the Family and Medical Leave Act (FMLA), or the Americans with Disabilities Act (ADA) For those of you waiting for “D. Could be all of the above”, well done! *** A recent decision by the 11th Circui Read More
FMLA Lawsuits/Court Opinions Family/Medical Leave (PFML) - Paid	The FAMILY Act -- Federal Paid Family and Medical Leave Coming Your Way? (Paid Family and Medical Leave – Part II) April 12, 2021 In the legislative system, conflicting leave laws are considered especially heinous . . . [DHUNK DHUNK] OK, so paid family and medical leave is not as riveting as stories ripped from the headlines. Or is it? I mean, these are actual headlines, aren’t they? Or am I just a Superfan? This is the seco Read More
ADA Pandemic OSHA	(Re)opening the Workplace – COVID-19 and the ADA March 29, 2021 What is it they used to say BC (Before COVID-19)? In the Spring, a young heart turns to love? Or baseball? Something like that. But today we are faced with a new reality and, as the days get longer and vaccines enter arms by the thousands, many of us are a whole different kind of excited: It’s bac Read More
Pandemic Family/Medical Leave (PFML) - Paid	California's New and Improved COVID-19 Supplemental Paid Sick Leave -- Effective Real Soon! March 25, 2021 Well, it’s déjà vu all over again! On March 19, California Governor Gavin Newsom signed SB95, providing for a new bank of COVID-19 Supplemental Paid Sick Leave (SPSL) and giving employers a whopping 10 days to understand its terms and be ready to offer it to employees. The “effective date” is Marc Read More
Pandemic FMLA Family/Medical Leave (PFML) - Paid	Paid Family and Medical Leave – A Multi-State Morass, Part I: “If Only the Feds Would Act!” March 24, 2021 mo·rassˊ an area of muddy or boggy ground a confused situation that has become so complicated it seems impossible to escape from or resolve This is the first of a 3-part series on paid family and medical leave (PFML). In the next few days watch for these additional posts: Read More
Pandemic FMLA Family/Medical Leave (PFML) - Paid	Furloughs and FMLA Ineligibility: An Unexpected Consequence March 15, 2021 We’ve been getting a lot of questions lately concerning the impact of furloughs on employee FMLA eligibility. After all, COVID-19 related lockdowns started as early as a year ago – not an anniversary anyone likes to celebrate. And unfortunately, after lengthy furloughs, many long-time employees are Read More
Pandemic FMLA Family/Medical Leave (PFML) - Paid	The American Rescue Plan: Paid Sick/Family Leave in 2021 March 12, 2021 OK, here’s fun stuff to talk about on a Friday. There’s no more football and I knew you would want this information to work with over the weekend, so…no need to thank me, I’m here to serve! The federal COVID relief bill, the American Rescue Plan Act, passed Congress (narrowly) and was signed by Pres Read More
Pandemic DOL FMLA Family/Medical Leave (PFML) - Paid	5 Layers vs 5 Days - FMLA Procedures Under the Microscope in the Golden State March 03, 2021 The U.S. Department of Labor reports that an operator of 2 California airports must make major changes to its FMLA processes after trampling on employee rights for I don’t know how long. And I mean trampling! I will be the first to admit that the Family and Medical Leave Act has many challenging Read More
Pandemic Family/Medical Leave (PFML) - Paid	Updates: Super Bowl LV and New York COVID-Related Paid Sick Leave February 09, 2021 Here’s a riddle for you:What do Super Bowl LV and COVID have in common? I’m not sure – though if you’re a Chiefs fan I suppose both can seem like an unthinkable, undeserved cosmic spanking. Ah yes, the Super Bowl in COVID times: long gone are the raucous parties with lots of queso, Buffalo wings, y Read More
Family/Medical Leave (PFML) - Paid	California Employers, Look Out!! Possible Duty to Accommodate Employees who are “Associated with” an Individual with a Disability January 29, 2021 Associational discrimination? What’s that, you ask? It may soon be critical for California employers to understand this concept. Little-known and even less understood provisions of the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA), protect employee Read More
Pandemic FMLA Family/Medical Leave (PFML) - Paid	More COVID Paid Leave? Biden’s American Rescue Plan January 19, 2021 On January 14, 2021, President-Elect Biden announced his American Rescue Plan. The Plan includes more employer-provided COVID-related paid leave. If enacted, his plan would: Reinstate the FFCRA paid leave provisions and extend the requirements to all employers (expanding coverage from private Read More
Pandemic DOL FMLA Lawsuits/Court Opinions Family/Medical Leave (PFML) - Paid	Kickstart for 2021 – An Update to Get the New Year Going January 04, 2021 Although there are still challenges ahead – there are always challenges – I think I speak for us all when I say I am happy to rip off that last page of the 2020 calendar and start with a brand new, fresh and hopeful 2021 model. Let’s look at a quick rundown of the latest developments in the world of Read More
Pandemic Family/Medical Leave (PFML) - Paid	No Extension of FFCRA Paid Sick Leave/School Closure Leave; Tax Credit Extended for 3 Months December 23, 2020 As of this writing, Congress has passed a new COVID-19 relief bill, the Consolidated Appropriations Act, 2021, but President Trump responded with a hissy fit and the threat of a veto. However, the paltry tax credit extension discussed in this post has not been brought up for criticism and so is lik Read More
Family/Medical Leave (PFML) - Paid	Colorado Paid Family and Medical Leave December 14, 2020 For several years the Colorado legislature tried without success to pass paid family and medical leave legislation. In 2020 the voters took matters into their own hands and voted in favor of a ballot initiative (Proposition 118) to create a PFML program. PFML geeks may recall that in Massachusetts Read More
Family/Medical Leave (PFML) - Paid	Time to Get a Grip on Connecticut Paid Family and Medical Leave! November 30, 2020 Massachusetts PFML isn’t the only law bringing new consequences with the new year. Some parts of Connecticut PFML are also going into effect on January 1, 2021, and if you have even one Connecticut employee, you have things to do. We’ll provide you with a starter list here, but please register to Read More
Family/Medical Leave (PFML) - Paid	Connecticut Joins the Paid Family and Medical Leave Club! November 23, 2020 On June 25 Governor Lamont made Connecticut the 9th U.S. jurisdiction to adopt a paid family and/or medical leave program. As a reminder, here are the jurisdictions with paid leave programs and their status: California –in force Connecticut–JUST PASSED! Employee contributions start Janu Read More
ADA Lawsuits/Court Opinions	“Tie-Breaker” Medical Exam for Employee in a Safety Sensitive Position Does Not Violate the ADA November 09, 2020 A new case provides some great information for employers with employees in “safety sensitive” positions and their ability to require a medical exam. That case is Beal v. Muncie Sanitary District, available here. The Facts Ronald Beal worked in a Maintenance role for the Muncie Sanitary District. H Read More
Pandemic FMLA Family/Medical Leave (PFML) - Paid	COVID 19 and ADA Leaves of Absence November 02, 2020 In the best of times employers struggle with employee requests for leave of absence as an ADA accommodation. The incursion of COVID-19 has amplified the challenges. But, the ADA is still the ADA and leave of absence continues to be an accommodation employers must consider if requested by an employ Read More
Family/Medical Leave (PFML) - Paid	Merrily We Roll Along – Dip Your Oars Into this Multi-State PFML Update October 26, 2020 Sometimes it does seem like we are sailing o’er the deep blue sea with all this PFML stuff – so many dangers and unknowns out there! There have been several developments in the various state paid family and medical leave programs in recent months, and more are coming with the approach of the new ye Read More
Pandemic FMLA Family/Medical Leave (PFML) - Paid	Legislative Update: Expanding Leaves and Pandemic Coverage September 28, 2020 September has been quite the month for expanding leave benefits, both COVID-19 related and otherwise. Oregon has issued an administrative rule permanently allowing for sick child leave to be taken for school closures, California expanded coverage under the California Family Rights Act (CFRA) as well Read More
Family/Medical Leave (PFML) - Paid	Making Sausage – An Update on Connecticut Paid Family and Medical September 21, 2020 We have been closely following the progress – or sadly, the lack thereof – by the Connecticut Paid Family and Medical Leave Authority in the seemingly monumental task of launching the CT PFML program. Employers of eligible employees in Connecticut will be required to begin deducting the employee co Read More
ADA FMLA	How Long is Too Long? The Continuing Saga of Leave as an ADA Accommodation September 17, 2020 Back in July, we celebrated 30 years of the Americans with Disabilities Act of 1990 (ADA). Yet employers still struggle with how long a leave of absence is reasonable as an accommodation. Two recent employee-friendly cases from the 9th Circuit Court of Appeals teach us that, in the 9th Circuit, at Read More
Pandemic DOL FMLA Family/Medical Leave (PFML) - Paid	DOL Faces Off With The New York Federal Court – And We Have More FFCRA Guidance September 14, 2020 Those fun folks at the U.S. Department of Labor just LOVE releasing important information on a Friday! I think it displays a cruel sense of humor – they get to relax and enjoy the waning days of summer over the weekend, while the rest of us in the absence management industry get to parse though the Read More
Pandemic FMLA Family/Medical Leave (PFML) - Paid	Back to School under the FFCRA – DOL Provides Just-In-Time Guidance August 31, 2020 Schools in many parts of the country are back in session and more will be opening daily. But “back to school” doesn’t look like it used to in most regions. School districts are reopening with a wide gamut of approaches, including physically re-opening full time, remote learning only, and mixtures Read More
Pandemic FMLA Family/Medical Leave (PFML) - Paid	Employee Rights under FFCRA Expanded After New York Federal Court Ruling August 06, 2020 As if figuring out all the coronavirus-related laws wasn’t difficult enough, we now have a court ruling that turns some of the FFCRA rules we thought we understood on their heads. On August 3 a federal court in New York struck down parts of the Department of Labor’s Families First Coronavirus Respo Read More
ADA	Happy 30th Birthday ADA! Oh How You've Changed Over the Years! July 24, 2020 The Americans with Disabilities Act was signed into law by President George H. W. Bush on July 26, 1990. Here we’ll take a look back on how the ADA has evolved from its passage in 1990 to the present day. The pace of developments in the ADA and leave of absence world continues at such speed that Read More
Family/Medical Leave (PFML) - Paid	Massachusetts Finalizes PFML Regulations July 23, 2020 The Massachusetts Department of Family and Medical Leave (DFML) has released its much-anticipated revised, final regulations for its Paid Family and Medical Leave program. Employees will start receiving paid leave benefits on January 1, 2021. Huh? Much-anticipated regulations? Well, that speaks Read More
DOL FMLA	Friday Surprise! DOL Issues New Certification Forms and Seeks Comments on the Regulations July 17, 2020 Really? Couldn’t they have waited until Monday? We knew these were coming and I guess the folks at the U.S. Department of Labor wanted to free up THEIR weekend. Anyway, whining aside, this morning the DOL issued two important items: New FMLA forms and a request for public input on the FMLA regul Read More
ADA	ADA Practices & Pitfalls in Today’s Workplace – The Sequel! July 16, 2020 There are precious few truths left in this world anymore. Two that I think we can all agree on are; The book is ALWAYS better than the movie and; The original is ALWAYS better than the sequel. Well, we’re going to challenge on these two immutable truths this coming Thursday (July 23rd Read More
Pandemic DOL FMLA Lawsuits/Court Opinions Family/Medical Leave (PFML) - Paid	DOL Provides More Guidance on Kids’ Summer Programs and FFCRA Paid Leave June 30, 2020 On Friday we posted a legislative update covering the status of pending leave of absence bills throughout the states. This post comes right on the heels of that so if you didn't see it, just scroll down below this post or click here to check on happenings in the states where you do business. COVID Read More
Pandemic FMLA Family/Medical Leave (PFML) - Paid	Legislative Update – What’s Going on Besides Coronavirus June 26, 2020 Seems like in the past several weeks this blog has been consumed by COVID-19 news – almost every day, at some points. And before that, it was mostly paid family and medical leave. Well, the world isn’t all COVID-19 and PFML so we thought we’d take a look at the bigger picture of legislative activ Read More
ADA DOL	ADA Practices & Pitfalls – a timely webinar! June 15, 2020 You know, some people vacation in the summer. Some work on their tans. Here at Matrix Radar, we like to dive in the deep end…of leave related compliance!Don’t judge us, you know you’re interested. Which brings us to our point:JOIN US for the first of a two part overview of the Americans with Disabil Read More
Pandemic	COVID-19 and Workers’ Compensation May 27, 2020 Did you know that Matrix Absence Management administers workers’ compensation claims? We do and, in fact, workers’ comp was Matrix’s original line of business back in the day! Yet for all the COVID-19 coverage we have provided, this is a topic we haven’t covered yet. I’m not a workers’ compensation Read More
Pandemic Family/Medical Leave (PFML) - Paid	Tending to the Mass-es – and others! May 26, 2020 It’s been a long, cold Spring, what with COVID-19, quarantines and a plethora of related legislation to unpack. If there’s anything to help remind us that time – and regular, good old leave legislation – marches on, it’s the steady approach of Massachusetts PFML, with benefits starting in January, 2 Read More
ADA Pandemic FMLA Family/Medical Leave (PFML) - Paid	Still Wrangling COVID-19 News – ERISA, ADA, FFCRA, and NY May 15, 2020 Every time I think I can write about something other than COVID-19, along comes another new law, regulation, or interpretation that I want to share with you. The roundup seems to be getting smaller, but the rodeo ain’t over yet, pardner. Saddle up, ’cause here are the latest: ERISA Extensi Read More
FMLA Family/Medical Leave (PFML) - Paid	Ready for Regular Ol’ FMLA? May 12, 2020 So enough with the coronavirus already, right? Let’s get back to basics and one of the most challenging FMLA issues: employee abuse and misuse. On Thursday, May 21 at 12:00 Eastern/9:00 Pacific I will join Angie Brown, ClaimVantage Absence Practice Leader, in presenting a Disability Management Emplo Read More
Pandemic FMLA Family/Medical Leave (PFML) - Paid	Wrangling all that COVID-19 news – The Last (nope…) we mean NEXT Round-Up April 29, 2020 COVID news just keeps coming. In our last Roundup we covered the DOL’s latest FFCRA Q&As, USERRA and COVID-19, and orders from the governors of California and Washington. Today we saddle up with: More ADA guidance from the EEOC OSHA – employer obligations to provide a safe workplace COVID goes Read More
Pandemic FMLA Family/Medical Leave (PFML) - Paid	Wrangling All the COVID-19 News – The Latest Roundup April 28, 2020 As we all work to acclimate to the new normal that is the current COVID-19 world, state, local, and federal governments and agencies have been working tirelessly to respond to this unprecedented situation. Although we hope things will settle down soon, we have seen more developments in just the last Read More
Pandemic Family/Medical Leave (PFML) - Paid	NEW JERSEY DEVELOPMENTS: ENHANCED LEAVE OF ABSENCE AND JOB PROTECTION UNDER NJ FLA TO CARE FOR FAMILY MEMBERS April 17, 2020 At Matrix and Reliance Standard, we have been tirelessly keeping up with the explosion of legislation that has been introduced and enacted to address COVID-19 related leaves of absence, disability plans, paid sick leave, and accommodations. We previously told you about New Jersey legislative Read More
Pandemic Family/Medical Leave (PFML) - Paid	New York’s Emergency Paid Quarantine Leave for COVID-19 – An Update April 15, 2020 On March 18, 2020, Governor Cuomo signed emergency legislation guaranteeing job protection and pay for employees> affected by COVID-19 who are subject to mandatory or precautionary orders of quarantine or isolation. The law was effective immediately.We originally posted a summary of the New York la Read More
Pandemic DOL FMLA Family/Medical Leave (PFML) - Paid	What about ME? The plight of the 500+ employer group April 14, 2020 At Matrix and Reliance Standard we receive questions about COVID-19-related issues daily – no, hourly. Since the passage of the Families First Coronavirus Response Act (FFCRA), many of these questions have revolved around a big issue for big(ger) employers: What about companies that have 500 or mor Read More
Pandemic DOL EEOC FMLA Family/Medical Leave (PFML) - Paid	COVID Catch-Up: News from the DOL, CDC, and EEOC April 13, 2020 The best thing about the just-concluded long weekend is that it gave me a chance to catch up on the latest Coronavirus guidance issued by various entities. Top of the world, Ma! Here are 3 for today’s reading pleasure: COVID-19 QUESTIONS AND ANSWERS: ROUND 4 FROM THE DOL The U.S. Department of Labor Read More
Pandemic DOL FMLA	Whoopee! More FFCRA Guidance! DOL Issues Temporary Regulations April 03, 2020 Perhaps I shouldn’t be flippant, but seems like every other day brings more guidance from the U.S. Department of Labor on the new paid leave benefits available to many employees under the Families First Coronavirus Response Act. Oh, wait, it doesn’t just seem like every other day…!But, the latest D Read More
Pandemic DOL	And the Beat Goes On . . . IRS Info on the COVID-19 Tax Credit; DOL Issues Temporary Regulations April 02, 2020 And the beat goes on, the beat goes on Drums keep pounding a rhythm to the brain La de da de de, la de da de da* Sonny & Cher Bet that song will be in your brain all day now – you’re welcome! We are getting pounded daily with new guidance on the Families First Coronavirus Response Act (FFCRA). H Read More
Pandemic DOL	The DOL on a Roll – More FFRCA Q&As Issued March 31, 2020 In the fast-paced COVID-19 world, the U.S. Department of Labor (DOL) has issued more Questions and Answers about the Families First Corona Virus Reponses Act (FFCRA). And not only are we now up to 59 questions (a good indicator of how tough it is to understand the FFCRA), but in the latest issue th Read More
Pandemic DOL FMLA Family/Medical Leave (PFML) - Paid	Jersey, sure: NJ Joins the COVID-19 Legislative Flurry March 30, 2020 On March 25 New Jersey’s governor signed Senate Bill 2304 that increases rights under several leave and benefits laws to address COVID-19 challenges for employees. These changes were effective immediately. Here’s a rundown: Author’s note: Pardon the cumbersome language, but the statutory language Read More
Pandemic DOL Family/Medical Leave (PFML) - Paid	Families First Coronavirus Response Act – Details, DOL and More, Oh My! March 26, 2020 With record speed for a governmental agency, the U.S. Department of Labor (DOL) has issued a respectable amount of information to help employers understand the brand spankin’ new Families First Coronavirus Response Act (FFCRA) enacted on March 18. Among other things, the Act: Expands the Family an Read More
Pandemic DOL Family/Medical Leave (PFML) - Paid	Families First Coronavirus Response Act – It’s Final and Here’s What It Requires March 20, 2020 The President has signed the Families First Coronavirus Response Act (FFCRA), originally introduced in the House as H.R. 6201. The final version is significantly scaled back from the original. There are still 2 significant sections related to employee absences: expansion of FMLA coverage for schoo Read More
Pandemic DOL Family/Medical Leave (PFML) - Paid	Coronavirus UPDATES Du Jour: Senate Passes and President Signs FMLA Expansion and Paid Sick Leave; State Paid Leave Laws – When & How Do They Apply? March 19, 2020 The Families First Coronavirus Response Act In the past two days we have reported on the progress of House of Representatives Bill 6201 proposing expansions of the Family and Medical Leave Act and new paid sick leave requirements here and the House amendments here (or if you widely bookmarked Matrix Read More
Pandemic DOL FMLA Family/Medical Leave (PFML) - Paid	Coronavirus FMLA Update – (1) House Amends H.R. 6201; (2) Applying FMLA to COVID-19 to the Rest of the Employer World March 17, 2020 Yesterday the U.S. House of Representatives passed some amendments to its Families First Coronavirus Response Act, H.R. 6201, originally passed just days ago on March 14. You can read my original blog post summarizing the leave-related aspects of the bill here. The amended bill is expected to go t Read More
Pandemic DOL FMLA Family/Medical Leave (PFML) - Paid	Coronavirus: The FMLA Amendments and Paid Leave March 16, 2020 Like many employers nationwide, Matrix Absence Management looks and sounds a lot like COVID Central these days. Which is to say, we are watching closely each development as it unfolds, and then – because we’re cool that way – trying to help you make sense of it in the context of employee absence and Read More
ADA EEOC Family/Medical Leave (PFML) - Paid	Coronavirus and the ADA – the EEOC Helps Out March 03, 2020 While there are countless articles online providing advice to employers about how to deal with the Coronavirus (now called COVID-19), here’s something that’s actually helpful: The Equal Employment Opportunity Commission (EEOC) has directed our attention to a technical assistance document to help un Read More
FMLA Lawsuits/Court Opinions	In Loco Parentis and Non-Traditional Caregiving Relationships February 04, 2020 Recently, an Ohio federal district court heard a lawsuit filed by an Apple employee whose sister was terminally ill and claimed FMLA entitlement for his request to care for his nieces and nephews. The case, Brede v. Apple, involved a claim of FMLA interference and retaliation by a former Apple emplo Read More
Family/Medical Leave (PFML) - Paid	And Now . . . Washington D.C. PFML January 24, 2020 The next paid family and medical leave program to go live with payment of benefits – in the District of Columbia – is on the horizon. D.C.’s Universal Paid Leave (UPL) program was passed in 2017, and employers with employees in the District started paying contributions to the program on July 1, 20 Read More
DOL EEOC FMLA Lawsuits/Court Opinions	A year in review, a year ahead: A look at the DOL and EEOC January 19, 2020 Last month we provided a 2019 review and 2020 look ahead regarding leave law legislation. You can find that post here. Now let’s look at what the enforcement agencies accomplished in 2019 and what to expect for 2020. Part 2: DOL and EEOC Activities US DEPARTMENT OF LABOR UPDATE Opinion Letters Oc Read More
Family/Medical Leave (PFML) - Paid	Washington PFML Employer Notices Now Available – and Other Developments January 04, 2020 PLEASE NOTE we had a few holiday technical difficulties here at Matrix-Radar, and this post was distributed in a timely fashion to Matrix clients through our account managers; but actual posting on the site was delayed. We believe we have resolved the issue and apologize for the delay! Hold on to yo Read More
Family/Medical Leave (PFML) - Paid	Washington PFML – The New Mandatory Notice to Employees: What You Need to Know about UBI Numbers, Supplemental Benefits, and STD Benefits January 04, 2020 PLEASE NOTE we had a few holiday technical difficulties here at Matrix-Radar, and this post was distributed in a timely fashion to Matrix clients through our account managers; but actual posting on the site was delayed. We believe we have resolved the issue and apologize for the delay! On about De Read More
	A year in review, a year ahead: A whole lotta stuff going on! December 19, 2019 Take a deep breath and let’s review what happened in 2019, and what’s coming in 2020. First we will look at legislative activity. In another post we will check in with our favorite federal agencies, the Equal Employment Opportunity Commission and the Department of Labor. Part 1 – Legislative Acti Read More
	Hello Again, Washington Paid Family and Medical Leave December 03, 2019 Here it comes! Washington Paid Family and Medical Leave benefits are on the horizon, starting January 1. While we’ve been a bit quiet about WA PFML on this blog lately, we’ve been busy in the background. So has the state Employment Security Department (ESD) which is charged with administering the Read More
	Keeping up with California – 2019 Legislative Recap November 22, 2019 California employers perennially face challenges keeping up with the Golden State’s legislative developments, and the 2019 legislative session was certainly no exception! At Matrix Absence Management we monitor pending and enacted legislation to assist our clients in preparing for those developments Read More
	Excess FMLA Absences: An Employer Success Story November 13, 2019 What can an employer do when an employee takes intermittent FMLA leave in excess of the frequency and duration authorized by the health care provider’s certification? In a good case for employers, one court has explicitly upheld disciplinary measures taken when an employee exceeded her approved abs Read More
	ADA Alert: The EEOC is Alive and Kicking October 22, 2019 And sadly, so are disability and pregnancy discrimination. I receive press releases from the Equal Employment Opportunity Commission several times each week. Most of them trumpet new lawsuits filed by the agency or settlements reached with employers it previously sued. Every year there are some wh Read More
	CALIFORNIA EXTENDS ITS ORGAN DONOR LEAVE LAW October 09, 2019 As our faithful readers know, we at Matrix Radar monitor state leave and accommodation law developments. We have noticed that, in addition to the proliferation of state paid family leave laws, state legislatures have primarily focused on organ donation, leave for victims of domestic violence, and p Read More
	New York Adds Leave Law for Victims of Domestic Violence September 30, 2019 Effective November 18, 2019, New York employers with 4 or more employees must provide reasonable leave to employees who are victims of domestic violence. With this law New York joins a growing number of jurisdictions that provide job-protected leave of absence and other accommodations to employees Read More
	FMLA and Employee Dual-Notice Procedures – Stand Your Ground but Be Clear about Your Policies September 16, 2019 QUESTION: Can an employer require an employee taking FMLA leave to report absences to both a supervisor and a leave administrator? ANSWER: It depends – but probably yes. Read on! The Issue Employers are struggling with the trend in rising employment time off benefits caused by the nume Read More
	Massachusetts PFML Update – Now What’s Going On? August 27, 2019 There are lots of moving parts in Massachusetts these days, as we get closer to implementation of the commonwealth’s paid family and medical leave (PFML) law. Over time we have published several articles on Massachusetts PFML: You can take a look back at our overall summary and periodic development Read More
	The DOL Gets Busy – New Opinion Letter, New Draft FMLA Cert Forms! August 13, 2019 The Department of Labor rolled out two new developments last week just in time to leave for August vacations: First, a new opinion letter addressing whether FMLA covers time taken for specialized child educational meetings; and second, drafts of new (and improved) FMLA certification forms for publi Read More
	Oregon Becomes the 10th (9th?) State to Enact Paid Family and/or Medical Leave Legislation August 07, 2019 It’s getting hard to come up with creative captions for articles about these new state paid family and medical leave laws. And darn it, can we say Oregon is the 10th state when one of the jurisdictions counted is the District of Columbia? Well that’s my rule and I’m stickin’ to it. You can see our Read More
	FMLA 2nd and 3rd Opinion Process: A powerful tool to manage intermittent FMLA July 29, 2019 Readers of DMEC @Work Magazine know I have been writing a series of articles on recommended best practices using the 2nd and 3rd opinion process to manage intermittent FMLA leave. Readers of this blog who have not read my articles (tsk tsk…as if!), well you are in luck because today’s blog post wil Read More
	Accommodation Delayed is Not (Necessarily) Accommodation Denied July 25, 2019 “This is a case about a civil servant’s dissatisfaction with the government’s sluggishness in accommodating her disability. While delay is no doubt frustrating, it is not, in this case, unlawful.” So starts the opinion in Weatherspoon v. Price, a case decided recently by the federal court in the Di Read More
	OREGON JUMPS ON THE BANDWAGON – NEW PROTECTIONS FOR PREGNANT EMPLOYEES June 27, 2019 Oregon has passed a law requiring employers with 6 or more employees to grant reasonable accommodations, absent undue hardship, to employees and applicants with known limitations related to pregnancy, childbirth or related medical conditions. The law is effective January 1, 2020.Here is a summary of Read More
	Stop the Presses (Again): Massachusetts PFML Final Regulations and Bond Form have arrived June 25, 2019 Last week the Massachusetts Department of Family and Medical Leave issued the final PFML regulations AND the form for the bond required of self-funded private plans. Here’s the rundown on both. With the 3-month delay (see our last blog post here) and these 2 developments, I’m hoping things will be Read More
	Massachusetts Passes Lightning Bill to Delay Some PFML Dates--AND, the Final Regulations are Here! June 19, 2019 In a coordinated move so fast it makes your head spin, the Massachusetts governor and legislature have passed the promised bill to delay by 3 months the start of employer and employee contributions to the paid family and medical leave program, to October 1. The bill, MA S 2255, brings about some oth Read More
	Massachusetts Announces Likely 3-Month Delay in Collecting PFML Premium Contributions June 12, 2019 Vast amounts of uncertainty and unanswered questions surround the Massachusetts Paid Family and Medical Leave program. The law currently provides that employers participating in the plan administered by the Massachusetts Department of Family and Medical Leave (DFML) must start withholding contribut Read More
	KENTUCKY PASSES LAW REQUIRING REASONABLE ACCOMMODATIONS FOR PREGNANT EMPLOYEES May 14, 2019 On April 9, 2019, the Governor of Kentucky signed Senate Bill 18, making it the latest state to pass legislation requiring employers, absent undue hardship, to grant reasonable accommodation(s) to employees with “limitations” as a result of pregnancy, childbirth or related medical conditions. The Ke Read More
	Good News for Massachusetts Employers – A Delay of Pending Deadlines (and a Word on Taxes) May 02, 2019 That’s right, yet another Massachusetts paid family and medical leave update! Today’s news will be welcomed by Massachusetts employers, especially those considering whether to adopt a private plan rather than use the state program. Let’s be honest, though – it’s only good news because it backs off Read More
	Massachusetts Announces PFML Private Plan Bond Requirements April 30, 2019 It seems like just yesterday (it was!) that we reported on significant new information and resources from the Massachusetts Department of Family and Medical Leave that were released on Friday. No sooner was our article posted when more news came from DFML: Details on the private plan bond requirem Read More
	Hot Off the Presses: Yet Another MASS-ive Update! April 29, 2019 I had just exhaled after presenting our Massachusetts Paid Family and Medical Leave (PFML) webinars on April 23-24when the Massachusetts Department of Family and Medical Leave unleashed a barrage of new information, guidance, and resources. You may have heard my plaintive cry, “Make it stop!” But i Read More
	More MASS-ive Developments That You Need to Know (and DO) Now April 24, 2019 As you well know, employees and employers are responsible for contributions to the Massachusetts Family and Employment Security Trust Fund starting July 1, 2019. On April 23 and 24, Yours Truly presented webinars on the current status of Massachusetts paid family and medical leave and what you need Read More
	Washington PFML Developments Keep Us Hopping April 08, 2019 April 8, 2019Despite my recent advice to Washington employers to “sit back and relax,” I now have to say: Don’t get too comfortable with all things Washington PFML. Although employers have been required to withhold premium contributions from employee paychecks (or waive such withholding) since Janu Read More
	Falsified FMLA Certifications? Employer Doesn’t Have to be Inspector Clouseau to Support Honest Belief Defense! April 02, 2019 Marion Egler was employed as a Reservations Agent for American Airlines. From 2006 through 2013, she applied and was approved for, FMLA on thirty-four separate occasions. In November and December 2014, Egler submitted four certification forms for continuous blocks of time that appeared to have bee Read More
	MASS-ive developments in Paid Family Medical Leave law March 21, 2019 Big dates are ahead in Massachusetts relating to its paid family and medical leave program. The Department of Family and Medical Leave (DFML) has announced two key developments:Massachusetts PFML regulations. The second draft of the PFML regulations will be issued on March 29. You may recall that Read More
	DOL to Employers: If it’s FMLA, it’s FMLA. If it’s not, it’s not. March 18, 2019 There is joy in my blessed li’l FMLA heart. The US Department of Labor has issued a much-needed Opinion Letter addressing whether an employer or employee can elect not to apply the FMLA to a leave for an FMLA-qualifying event. Spoiler alert: The answer is NO. This has never seemed like a gray are Read More
	Sit back and relax! Washington PFML reporting and payments to the state delayed by 3 months. March 14, 2019 We know employers have been on the edge of their seats wondering when and how they can begin their required Washington paid family and medical leave reporting for Q1 slated for April 1-30.Well, calm yourself. The state just announced that first quarter employer reporting is being delayed until July Read More
	Spice up your compliance with 50 Shades of FMLA! March 04, 2019 Are you struggling to manage FMLA gray areas such as intermittent leave or suspicious leave requests from employees?The 2019 DMEC FMLA/ADA Employer Compliance Conference, May 6-9, in Portland, OR, is the place to find answers and solutions that help you minimize risk in your organization and ensure Read More
	New Jersey Forges Ahead with Increased Paid Family Leave Benefits and Job Protections February 27, 2019 As the first state to enact a mandated paid family leave law in 2009, New Jersey was the leader in this now-burgeoning field. Currently, there are 4 states with PFL laws (CA, NJ, NY, RI), 3 more jurisdictions with new laws in the process of being implemented (DC, MA, WA), and 22 states (and counti Read More
	Massachusetts PFML Again – But Not Yet February 14, 2019 In our last blog post about Massachusetts Paid Family and Medical Leave (MA PFML), we boldly announced we would be holding Session 2 of our webinars on the law soon, targeting late February. Well, it turns out that the draft regulations issued on January 23 by the Massachusetts Department of Family Read More
	Massachusetts PFML Rolls Forward – Draft Regulations Released! January 25, 2019 You know you are a compliance geek when the bright spot of your week is the release of new leave law regulations! Yes, I’m guilty as charged – but I know I’m not alone. Here’s the scoop:On January 23 the Massachusetts Department of Family and Medical Leave (DFML) released draft regulations that st Read More
	Ladies and Gentlemen, Start your Engines! State Paid Family and Medical Leave Legislation for 2019 is Here January 03, 2019 Even before Baby New Year needs a diaper change, New Hampshire is first out of the gate with a redux of its 2018 paid family and medical leave (PFML) bill. A copy of the 2019 version text is not yet available but it is believed to be exactly the same as the 2018 version. In 2018 no fewer than 20 st Read More
	Matrix Compliance Experts Take the Stage! December 11, 2018 Matrix’s Gail Cohen Co-Presents with EEOC Counsel at DMEC WebinarBy Gail Cohen, Director, Employment Law/ComplianceI had the privilege of presenting last week with Chris Kuczynski, Assistant Legal Counsel of the EEOC in Washington D.C. on “EEOC Insights into What Employers Still Get Wrong about the Read More
	WASHINGTON STATE PAID FAMILY AND MEDICAL LEAVE MOVES FORWARD STEP BY STEP November 13, 2018 Employer Action Items and ResourcesWashington paid family and medical leave is coming (PFML). Although leaves and benefits aren’t available until January 1, 2020, employers have decisions to make before employer and employee premium contributions start in January 2019. You can read our prior blog po Read More
	NEW YORK ADDS ORGAN DONATION TO STATE PAID FAMILY LEAVE REASONS November 12, 2018 Last month we addressed some leave of absence bills pending in various state legislatures. New York’s governor has signed one of these bills into law, adding organ and tissue donation to the definition of “serious health condition” under the New York Paid Family Leave law (NY PFL). Specifically, a Read More
	MATRIX AND EEOC TO PRESENT AT DMEC ADA WEBINAR: The EEOC Weighs in on What Employers Still Get Wrong About the ADA November 09, 2018 I am pleased to announce that Matrix will be presenting at an upcoming DMEC webinar on December 6, 2018. Our co-presenter will be Chris Kuczynski, Assistant Legal Counsel and Director of the ADA/GINA Policy Division of the EEOC. The webinar, “The EEOC Weighs in on What Employers Still Get Wrong Ab Read More
	STATE LEAVE LAW UPDATES – WHAT’S HAPPENING IN YOUR NECK OF THE WOODS? October 22, 2018 California – New leave reason under paid family leaveCalifornia’s paid family leave law (CA PFL) provides up to 6 weeks of paid (but not job protected) leave of absence for family reasons. Current bases for which an employee can receive paid benefits include caring for a family member with a serious Read More
	Feds Issue Guidance on Tax Credit for Paid Family and Medical Leave Benefits – and a Possible Extension? September 25, 2018 On September 24, 2018, the federal Office of Associate Chief Counsel (Tax Exempt and Government Entities) issued a Notice providing guidance on the employer tax credit for paid family and medical leave under §45S of the Internal Revenue Code. Notice 2018-71 does not have the force of regulations wh Read More
	Washington State PFML: Open for Business on Voluntary Plans; Proposed Phase Three Rules Released September 17, 2018 I wish I could receive Frequent Flyer miles for all the “trips” I am making back and forth between the East and West Coasts, covering developments in state paid family and medical leave programs. The most recent news is 2 tidbits from Washington State. Voluntary Plans Now Being Accepted. All emplo Read More
	DOL issues New “Safe Harbor” FMLA Certifications September 05, 2018 The Department of Labor recently issued updated versions of certifications employers can use when employees ask for FMLA leave. The new certifications are in effect until August 31, 2021. However, only the expiration date has changed. The older forms with an expired date are still fully compliant wi Read More
	Meanwhile, Back in New York . . . Increases in PFL Benefits, Durations, and Premiums September 05, 2018 Here we are, 8 months into the first year of paid family leave in the state of New York. My attention, and that of many employers, has been diverted somewhat to the upcoming paid family and medical leave law enacted by the state of Washington, with premium collections beginning in January 2019. (Fo Read More
	New DOL FMLA Opinion Letters – Organ Donation and No-Fault Attendance Policies August 31, 2018 Occasionally the U.S. Department of Labor issues opinion letters as a means of providing interpretive guidance on the FMLA. An opinion letter is an official, written opinion by the Wage and Hour Division of how a particular law applies in specific circumstances presented by an employer, employee, or Read More
	Bring it On – Washington Paid Family and Medical Leave! August 23, 2018 Reliance Standard and Matrix are planning a series of Webinars to keep you up to date on this topic. The first series will be August 28 and 29, 2018 @ 11:00 am PDT / 2:00 pm EDT and will be hosted by Marti Cardi, Vice President Product Compliance, Dave Lea, West Coast Regional Practice Leader and Ch Read More
	The Work/Life Squeeze – Focus on Caregiver Leaves August 06, 2018 It is not often that trends in life, legal issues, and employment practices coincide, but we are in that situation now. Increasing numbers of employees have caregiver responsibilities for family members – children, elderly parents, family members with health needs, and others. The legal protections Read More
	The Essence of Parental Leaves – Treating Fathers Differently Costs Estée Lauder $1.1 Million and Much More July 26, 2018 Perfume and cosmetics giant Estée Lauder has agreed to pay $1.1 million to a class of male employees who received less bonding leave and less return to work job flexibility than their female counterparts. Under its prior policy, men received just 2 weeks of parental leave to bond with a new child. Read More
	An ADA Tale of Vaccine Exemptions, Employer Notice, and the Interactive Process July 16, 2018 A recent case involving controversy about mandatory vaccines teaches two ADA lessons:A doctor’s note may be sufficient notice to an employer of a disability andaccommodation request.If you do something for nondisabled employees, don’t deny the same thing forsomeone with a disability.Aleka Ruggiero w Read More
	Hawaii Enacts Law to Require Analysis for Paid Family Leave July 13, 2018 Hawaii is moving closer to a paid family leave program with legislation signed by the Governor on July 5. The law does not enact a PFL law but requires the state Legislative Reference Bureau to conduct an analysis to assist the legislature in determining the most appropriate framework or model for Read More
	California Updates Its Paid Family Leave Law with a Clean-Up Bill July 12, 2018 NOTE TO READERS: This topic was originally addressed in this blog on July 12, 2018. That post sparked some questions about the California Paid Family Leave program that make it appropriate to issue this revised article. The content of the original post was accurate but is now supplemented with ad Read More
	Undue hardship? You’d better really mean it. July 05, 2018 An employer was recently caught “crying wolf” with regard to a claim of undue hardship. The result? The employer will have to prove in a jury trial that its assertion was not a pretext for disability discrimination in violation of the ADA. Accommodation basics. An employer must provide an ADA acc Read More
	A “Grand Bargain” – Massachusetts Enacts Paid Medical and Family Leave June 29, 2018 Governor Charlie Baker signed a bill on June 28 making Massachusetts the seventh jurisdiction to enact paid family and medical leave (PFML). The paid leave provisions are part of a so-called Grand Bargain between the state legislature and voters that was designed to keep several voter initiatives o Read More
	Matrix’s Gail Cohen on ADA Panel at EEOC Regional Meeting June 25, 2018 Many of you know my colleague, Gail Cohen, an attorney who works closely with me at Matrix and assists our clients, consultants, and others with ADA and leave of absence issues. Gail recently participated in a panel presentation on the ADA – specifically accommodations and the interactive process – Read More
	Colorado Passes Living Donor Leave Act June 21, 2018 Tax credits to reward good employer policies? Offering tax credits to encourage paid leaves of absence is cropping up more often recently. The federal government included a tax incentive in the December 2017 Tax Cuts and Jobs Act for employers providing from 2 to 12 weeks of paid family and medica Read More
	South Carolina Enacts Pregnancy Accommodations Law June 18, 2018 South Carolina has joined a legion of other states by passing a law that provides workplace protections and accommodations for women affected by pregnancy, childbirth, or related medical conditions, including lactation. Each state puts its own stamp of originality on the provisions of such laws, b Read More
	Vermont Crime Victims Leave Law About to Debut June 13, 2018 Many states require employers to allow employees to take time off from work for court proceedings in which they are a victim or witness. Most of these laws are very general and do not provide duration, notice or documentation requirements, or other parameters that are the hallmarks of what we no Read More
	Washington State Issues First Phase of Paid Family and Medical Leave Regulations June 05, 2018 In 2017 Washington State was the fifth state to pass a paid family and medical leave law. The law requires employers to provide up to 18 weeks of paid, job-protected leave per 52-week period due to the employee’s own serious health condition, to bond with a new child, to care for a family member wit Read More
	“Because I Said So!” – Following the FMLA Late Certification Rule May 11, 2018 Employers now know that they have to follow FMLA regulations “because I said so!” That was the declaration from Helen Applewhaite, DOL Branch Chief for FMLA, in a moment of levity when I asked why employers had to follow a particular FMLA regulation that I called “nonsensical” and another person ca Read More
	USERRA – A Leave Law Like No Other – Part 2 April 25, 2018 Our most recent blog post started our review of USERRA – the Uniformed Services Employment and Reemployment Rights Act. The requirements of USERRA are surprising compared to other leave laws, but the men and women who have served in the military have earned these job protections. So although we ma Read More
	Don't Miss It: THE 2018 DMEC FMLA/ADA EMPLOYER COMPLIANCE CONFERENCE April 24, 2018 Join your peers and prepare to confidently tackle your organization’s FMLA/ADA challenges at the 2018 DMEC FMLA/ADA Employer Compliance Conference, Apr. 30-May 3, in Orlando!This year, Matrix Absence Management is a National Sponsor and I have the privilege of facilitating four sessions! I would lov Read More
	USERRA - A Leave Law Like No Other April 04, 2018 One of my favorite leave law training topics for employers is USERRA – the Uniformed Services Employment and Reemployment Rights Act. As the name implies, this is the law that provides job protections for employees who are absent from work to serve in the U.S. Armed Forces (Army, Navy, Air Force, Read More
	Washington State Amends Its Personal Protection Leave Law March 19, 2018 We previously blogged about the rise in the number of state laws protecting victims of domestic violence, sexual assault, stalking, or similar personal crimes. Such laws typically prohibit employment discrimination against victims and provide leaves of absence for an employee who is a victim or who Read More
	Just when you thought you might be getting the hang of New York Paid Family Leave... March 12, 2018 The New York state legislature introduced a bill proposing to expand the coverage of paid leave. See NY S 7723. As with so much of the NY PFL law and regulations, the proposed bill – if enacted as is – will add more complications and conflicts. Here’s what is in the bill: PROVISIONCOMMENTS – IF P Read More
	The FMLA is 25! February 02, 2018 Happy Birthday! Monday February 5 marks 25 years since the Family and Medical Leave Act was signed into law. I was in private practice when the law passed, and I recall an associate with our law firm presented a summary of the new law. My thought was, “This will never amount to anything.” So muc Read More
	Reassignment as an ADA Accommodation: To Compete or Not to Compete? February 01, 2018 Good news for employers: Depending where your employees are located, you might not have to grant reassignment without competition as a reasonable ADA accommodation.As we administer our ADA management services, we frequently get questions about the employer’s obligation to reassign an employee to a v Read More
	And Now There are Nine – Maryland Passes Paid Sick and Safe Leave January 18, 2018 On January 12, 2018, Maryland became the ninth state to require employers to provide paid sick and safe leave to employees (joining Arizona, Connecticut, California, Massachusetts, Oregon, Vermont, Washington DC and Washington State). The Healthy Working Families Act (“HWFA”) has had a tortured legi Read More
	DOL Announces ERISA Disability Claims Handling Rules Will Go into Effect AS IS on April 1, 2018 January 08, 2018 On Friday, January 5, 2018, the U.S. Department of labor issued a press release announcing that the Final Rule amending the regulations governing claims handling procedures for ERISA disability claims will go into effect on April 1, 2018, without changes from the original. The Final Rule was origin Read More
	The Needle in the Tax Bill Haystack – A Paid Family & Medical Leave Tax Credit January 04, 2018 One might think that the Trump administration would trumpet (ahem . . . ) the supposed family-friendly and employer-friendly provisions of the new Tax Cuts and Jobs Act. Not so. A little-publicized provision of the new Act establishes a tax credit for employers who provide paid family and/or medi Read More
	Mental Stability & ADA Evaluations - Part 2: "Regarded As" Liability December 26, 2017 This is our second entry in this series of 3 blog posts on mental examinations and the Americans with Disabilities Act. For the first article, discussing ADA mental examinations and the employer’s obligation to provide a safe workplace, click here.Our second case study poses the question, can an em Read More
	Mental Stability & ADA Evaluations—Part 1: Safety December 14, 2017 Consider this situation: Your employee Melvin is exhibiting alarming behavior – aggressive interactionswith coworkers, loud banging of drawers and doors, unfounded suspicions of surveillance, incomprehensible mumbling or rants. Melvin has not asked for time off or any sort of workplace accommodati Read More
	DOL Announces 90-Day Delay of ERISA Disability Claims Rules Change November 27, 2017 On Friday the U.S. Department of Labor today announced a 90-day delay – from January 1 to April 1, 2018 – of the applicability date for ERISA plans to comply with the December 16, 2016, “Final Rule” amending the claims procedure requirements applicable to disability benefits. As explained below, fu Read More
	New York Makes Paid Family Leave “Notice to Employees” Available November 14, 2017 Section 380-7.2.e. of the New York Paid Family Leave law requires employers to post a notice to employees of their rights under the law:Every covered employer must display or post, and keep posted, a typewritten or printed notice concerning PFL in a form prescribed by the Chair. The notice must be Read More
	Federal Protections for Victims of Domestic Violence Proposed in US House and Senate November 09, 2017 Identical bills that propose significant leave of absence rights and job protections for victims of domestic violence, dating violence, sexual assault, and stalking were introduced simultaneously in the US Senate and House of Representatives on October 31, 2017. If passed, the bills (S 2043 and H 4 Read More
	More ERISA: Update on the DOL’s Proposed Delay of the Disability Claims Handling Rules November 03, 2017 Hello, all you ERISA folks. How many of you are losing sleep over the new ERISA rules for disability claims handling? As we previously discussed here, the DOL has proposed delaying the effective date of these rules (the “Final Rule”), which are currently scheduled to go into effect for claims fil Read More
	The Headless Horseman – An ADA Halloween Tale October 31, 2017 Business was great and Ichabod decided to expand his company, Crane’s Daylight Deliveries, to include Midnight Messengers. Tired of whiling away his nighttime hours as a ghoul, Harry the Headless Horseman applied for a night messenger position with Crane’s – dropping off his résumé at midnight, of Read More
	Lucky Employer Skates on ADA Liability: Complaints about Noisy Workplace Not Enough to Put Employer on Notice of Need for ADA Accommodation. October 30, 2017 Despite the common feeling that employers have the ADA deck stacked against them, a recent case shows that courts will still closely compare the facts of an ADA failure to accommodate claims against the legally required elements of such a claim. It was a close call, but the co-employers prevailed w Read More
	California Expands CFRA Bonding Leave Coverage October 18, 2017 California has enacted the New Parent Leave Act to amend the California Family Rights Act (CFRA). Effective January 1, 2018, employers with 20 or more employees will be required to provide 12 weeks of leave for bonding following the birth, adoption, or foster placement of a child. To be eligible, Read More
	New York Releases Application and Certification Forms for Paid Family Leave October 18, 2017 They’re out! The long-awaited, much anticipated application and certification forms for New York Paid Family Leave (NY PFL) have been posted on the NY PFL website HERE! I have reviewed the forms quickly but there is much to absorb and ponder. Such as, how many claims management systems will be ab Read More
	DOL Proposes to Delay the Effective Date of ERISA Disability Claims Handling Rules and Seeks More Public Comment October 10, 2017 It’s a moving target, but we’re watching! The amended ERISA disability claims handling rules (the “Final Rule”) are set to go into effect for claims filed on or after January 1, 2018. But, as we previously reported, the US Department of Labor announced in July that it is “reviewing these amendme Read More
	New York Releases First Wave of Paid Family Leave Forms October 06, 2017 In something of a stealth move, the New York Workers’ Compensation Board has released three forms for employers’ use in administering and complying with the Paid Family Leave Law that provides benefits starting January 1, 2018. Those of us who check the NY PFL website daily and are signed up for n Read More
	Rhode Island Joins the Paid Sick and Safe Leave Bandwagon October 05, 2017 Rhode Island has joined the plethora of states that have passed paid sick and safe leave legislation for the state’s workers. The Rhode Island “Healthy and Safe Families Workplace Act” (H5413/S290) was signed into law by the Governor on September 28, 2017. The basics. Effective July 1, 2018, Rhode I Read More
	Pushing Back on the "Inadvertent Leave Law" - Court Rules that a Multi-Month Leave of Absence is not a Reasonable ADA Accommodation September 26, 2017 “How long of a leave of absence do I have to grant as an accommodation under the Americans with Disabilities Act?”I get this question frequently. I have long advised that employers must consider a new or extended leave of absence as a possible accommodation. In assessing an employee’s ADA leave re Read More
	A Lesson in FMLA Damages: FMLA Retaliation in Layoff Costs Verizon Big Money September 20, 2017 Employers, when was the last time you asked the question “What could an FMLA suit potentially cost?” For Verizon, the answer was “a lot,” including a judgement that awarded $800,000+ to a former employee as well as: Substantial attorneys’ fees and costs (almost always more than the fees incurred Read More
	Tax Implications of New York Paid Family Leave Addressed August 28, 2017 The state of New York has released much-needed guidance on the tax implications of employee premium contributions and benefits under the state’s new Paid Family Leave (PFL), slated to go into effect on January 1, 2018. According to the New York Department of Taxation and Finance:Benefits paid to e Read More
	DOL Announces it will Review ERISA Claims Disability Handling Rules Slated for 1/1/2018 August 03, 2017 As we all know, the ERISA disability claims handling rules were revised by the US Department of Labor, to be effective for claims filed on or after January 1, 2018. As part of the ever-changing governmental landscape under our current President, the DOL has now announced it is “reviewing these ame Read More
	Massachusetts Enacts Pregnant Workers Fairness Act July 31, 2017 The move toward significant workplace protections for pregnant employees continues state by state. On July 27, 2017, Massachusetts Governor Charlie Baker signed House Bill 3680 establishing the Massachusetts Pregnant Workers Fairness Act.Massachusetts joins 15 other states and Washington, D.C. wit Read More
	New York Paid Family Leave – Final Regulations Out but No Surprises July 20, 2017 On July 19, the New York Workers’ Compensation Board issued its final regulations in support of the state’s Paid Family Leave law (NY PFL), which requires employers to provide paid leave benefits to employees starting January 1, 2018. The final regulations follow a public comment period on the prop Read More
	Hawaii adds siblings as a covered relationship for family leave July 13, 2017 On July 10, 2017, the governor of Hawaii signed an amendment to the state’s family leave law, adding siblings as a family member for whom an employee can take leave. The amendment took effect immediately.Under the Hawaii law, employees who have worked for an employer for at least 6 consecutive m Read More
	Leave rights for victims of domestic violence: Growing need, multi-state trend July 13, 2017 & Gail Cohen, Director-Employment Law/Compliance If you don’t think you need to know about state leave laws that protect victims of domestic violence and similar crimes, consider this:More than 27% of women and 11% of men have experienced contact sexual violence, physical violence, and/or stalking b Read More
	Ten Years Later, Washington State Makes Its Paid Family Leave Dream a Reality July 06, 2017 The state of Washington has enacted a law requiring paid family and medical leave for eligible employees. The state was on the forefront of the paid family leave movement when it passed a paid parental leave law in 2007, but the law never went into effect because the legislature was unable to fund Read More
	Welcome Back, FMLA Opinion Letters: A Good Move by the DOL July 05, 2017 One of the challenges of administering leaves under the Family and Medical Leave Act is dealing with issues not well addressed by the law and the regulations – and there are many. How long can an employer rely on an FMLA third opinion certificate? How does an employer deal with an employee’s fluct Read More
	FMLA Breaking News – DOL Withdraws 2016 Broad Interpretation on Joint Employment June 07, 2017 Many employers might be in a joint employment relationship with a business partner and not realize it. Joint employment can create or increase employer liability under the FMLA.On January 20, 2016, the U.S. Department of Labor (DOL) released an Administrator’s Interpretation 2016-1 (AI) on the resp Read More
	NEW YORK HONING IN: Paid Family Leave Revised Regulations are Out, but Still Not Final May 29, 2017 The New York Workers’ Compensation Board has issued revised regulations interpreting and supporting the state’s Paid Family Leave law that will start providing employees with pay benefits on January 1, 2018. This revised version of the regulations, published on May 24, 2017, is still not final. Th Read More
	High Points in Recent FMLA Case Law May 11, 2017 Last week I had the distinct pleasure of co-presenting one of the opening general sessions at the Disability Management Employer Coalition Compliance Conference with my buddy and fellow blogger, Jeff Nowak. Those of you who know Jeff and me will understand sharing the stage with him is tough duty: H Read More
	ADA Views – Direct from the EEOC! May 08, 2017 Q: What do attendance, a deaf lifeguard, and an “accidental leave law” have in common?A: They are all topics addressed by an EEOC representative at Matrix’s recent Client Advisory Board meeting.Pierce Blue is Attorney-Advisor to EEOC Commissioner Chai Feldblum. We invited Pierce to a meeting o Read More
	Walking the walk on service dogs in the workplace April 12, 2017 Bradley Arndt v. Ford Motor Company, 2017 WL 1196442 (E.D. Michigan March 29, 2017)If you’ve been in a shopping center or an airport lately then you know that the prevalence of service dogs is on the increase (I love those vests!). For employers, however, there are still many challenges in addressi Read More
	Don’t Forget About Accommodation Obligations during the Application Process – The EEOC is On It! March 24, 2017 & Marti Cardi, VP-Product ComplianceIt appears the Equal Employment Opportunity Commission has added a new focus to its enforcement efforts. In its latest Strategic Enforcement Plan, the EEOC announced that one of its national priorities is for “the Commission to address . . . issues involving hir Read More
	New York Paid Family Leave – Proposed Regulations Announced March 02, 2017 The New York Paid Family Leave act goes into effect on January 1, 2018. This law provides both job protection similar to the FMLA, and also provides a pay benefit to employees during covered leaves of absence. Now, New York Governor Cuomo has announced that the proposed regulations in support of t Read More
	Pregnancy Issues Continue to Expand: Company Fired Pregnant Employee For Her Own Good February 17, 2017 Enforcement and legislative attention continue to increase around pregnant employees and pregnancy-related conditions in the workplace. The message to employers? Treat a pregnant employee poorly – or differently – at your peril. Rooms to Go learned this lesson recently, even though the pregnant e Read More
	Paid Parental Leave 2017: It’s Not Your Mama’s Maternity Leave January 31, 2017 We’ve all seen the headlines over the past two years: “XYZ Company Adopts Expansive Paid Parental Leave Policy.” News coverage of paid parental leave (PPL) increased tremendously in 2015-2016 over prior years, fueled by the numerous PPL implementations by big-name companies.Key questions that aris Read More
	A Game Changer: DOL Releases New ERISA Disability Claims Rules January 04, 2017 Claimants under ERISA disability plans will soon have a better chance to understand and contest any denial of disability benefits. After years of litigation flowing from disability benefits denials, the U.S. Department of Labor decided it was necessary to re-examine the ERISA regulations governing Read More
	EEOC Heightens Focus on Mental Health and the Workplace with New Employee Q&A December 14, 2016 At Matrix Absence Management, we are seeing an increase in workplace accommodation requests due to mental health impairments, including modified work schedules and work-from-home arrangements. The U.S. Equal Employment Opportunity Commission has long focused on mental health impairments in the wor Read More
	NEW! San Francisco Issues Draft Rules for Paid Parental Leave November 23, 2016 For those readers who do not have California employees, I have 2 things to say: First, lucky you! Second, hang in there with me – I promise some non-California blog posts in the near future. Late on Friday, November 18, the San Francisco Office of Labor Standards Enforcement (OLSE) posted draft R Read More
	Employee Reports FMLA for One Workday in the Middle of Vacation November 16, 2016 Plaintiff Masoud Sharif and his wife were employed by United Airlines at the Dulles Airport in Washington, D.C. He and his wife took vacation to South Africa from March 16 to April 4, 2014. Mr. Sharif, however, was scheduled to work on March 30 and 31. He was able to get a co-worker to cover his s Read More
	Election 2016 – What Happens With Paid Family and Medical Leave? November 09, 2016 The party’s over It’s time to call it a day…Whew! Whether you’re nursing an electoral hangover or still on an adrenaline high, it is a relief to have the election over with and return to normal life – but what is “normal” now? What are we likely to see in the next few months or years of a Donald T Read More
	California Risks Reputation as Leading Leave Haven October 10, 2016 California is often commended – or condemned? – as the nation’s leader in rights for the state’s workers. Indeed, in late September California Governor Jerry Brown signed a bill requiring employers to give notice to California employees of their rights if they are a victim of domestic violence, sexu Read More
	What Employers Need to Know about Caregiver Protections under the ADA, FMLA, Title VII... and in California August 24, 2016 With many employees living life as the “Sandwich Generation,” job protections for family caregivers are becoming ever more important. An August 18 blog post from the US Department of Labor highlights the issue in part by taking a brief look at paid leave programs in 3 states and job protection unde Read More
	Illinois Passes Child Bereavement Leave Act – Second after Oregon to provide bereavement leave August 02, 2016 Illinois has passed a law to provide job-protected bereavement leave upon the death of an employee’s child. The law became effective on July 29, 2016, when it was signed by Illinois governor Bruce Rauner.The new law provides up to 2 weeks of leave upon the loss of a child. Many of the parameters o Read More
	Light Summer Reading from the Department of Labor July 21, 2016 Back in April the U.S. Department of Labor unveiled its new Employer’s Guide to the Family and Medical Leave Act. (Our report is here.) The Guide was released to coincide with the annual FMLA/ADA Employer Compliance Conference hosted by Disability Management Employer Coalition in Pittsburgh. Helen Read More
	Breaking news! Matrix’s new experience data provides the first clear snapshot of employers' ADA exposure July 13, 2016 I am proud to announce that Matrix has unveiled the first credible benchmarking and data analysis of employer experiences related to the Americans with Disabilities Act (ADA). The data is important for three reasons:As a way to benchmark the experience of specific employers who manage ADA leave and Read More
	No Bones About It – Donor Leave Laws Continue to Increase June 24, 2016 Wisconsin Supports Its Donor Employees Next week Wisconsin joins the growing list of states with laws mandating leave of absence for employees to donate organs, bone marrow, blood, and other types of human tissue.The state’s Bone Marrow and Organ Donation Leave law goes into effect on July 1, 2016. Read More
	Still More on Leave of Absence as an ADA Accommodation – Jeff Nowak and EEOC Commissioner Feldblum to Co-Star May 26, 2016 The absence management world has been abuzz lately due to the release by the EEOC of a new resource document, Employer-Provided Leave and the Americans with Disabilities Act. I wrote about this document and the latest EEOC consent decree – $8.6 million against Lowe’s due to its maximum leave polici Read More
	Lowe’s to pay $8.6 million in yet another EEOC case involving inflexible leave policies May 23, 2016 Employers, if you haven’t fixed this issue yet, get out from under that rock! If an employee with a disability exhausts leave time provided by company policy or by a law such as the FMLA, you have two obligations. First, consider even more leave as a reasonable accommodation. Second, consider reaso Read More
	Leave as ADA Accommodation: EEOC Releases New Resource Document – But Nothing’s New May 10, 2016 Yesterday, the EEOC released a Resource Document titled Employer-Provided Leave and the Americans with Disabilities Act. We in the employer community have been awaiting EEOC guidance on this hot topic since June 2011, when the Commission held a public hearing with testimony from representatives of t Read More
	An Excellent Week for FMLA/ADA Geeks May 02, 2016 One of Matrix’s promises to our clients it to be on top of developments in the world of accommodations and leaves of absence. One way we do this is to develop relationships with the head honchos at the agencies that administer key laws: the U.S. Department of Labor for FMLA, and the U.S. Equal Emp Read More
	DOL Announces New FMLA Employer’s Guide April 25, 2016 Ta da! Today the U.S. Department of Labor unveiled its long-awaited, brand-spankin’-new Employer’s Guide to the Family and Medical Leave Act. The DOL has been promising this Guide for close to two years.FMLA Branch Chief Helen Applewhaite, speaking today in Pittsburgh at the annual FMLA/ADA Emplo Read More
	ADA Pings from National Experts April 22, 2016 Today I want to share some short but pithy guidance on the ADA. I had the privilege of attending the annual ADA and FMLA Compliance Conference presented by the National Employment Law Institute (NELI), and yesterday was ADA day. Here are some key points made by the presenters:Voluntariness of or c Read More
	What NOT To Do When The EEOC Asks For Names April 19, 2016 When the EEOC asks you for the names and contact information of employees who worked with the charging party, what should you do? Connecticut employer Day & Zimmerman NPS, Inc. (DZNPS) recently learned what NOT to do. Instead of granting DZNPS’s motion to dismiss the charging party’s ADA interfere Read More
	1, 2, 3, Leave! California, San Francisco, and New York State Pass New or Increased Paid Family Leave Benefits April 12, 2016 As the federal government dithers, states and municipalities continue to be proactive in passing paid family leave laws (PFLs). Read on for information about the laws passed by the latest members of the club, San Francisco and New York State. In addition, California has passed a law to increase the Read More
	Employers, Learn this Lesson: Identify Essential Functions in Your Job Descriptions April 05, 2016 An employer’s dream (nightmare, that is): Pfizer, Inc., gets the chance to convince a jury that driving is an essential function of its pharmaceutical sales representative position. Don’t bet on Pfizer. The facts of this case are sympathetic to the employee, Whitney Stephenson. And even though h Read More
	Staying Awake is a Business Necessity for Any Employee February 10, 2016 Unfortunately, nearly every employer has caught an employee sleeping on the job. But what if that employee attributes his sleepiness to his disability? What is the employer’s obligation to accommodate the employee under the Americans with Disabilities Act (ADA)? In observing that “[r]emaining awak Read More
	Caution, Joint Employers: The DOL is Looking for YOU! January 26, 2016 Employers, it’s time to take a broad look at your relationships with your workers. Joint employer compliance with the FMLA is on the DOL’s radar, and the agency is finding many businesses short on adherence to the applicable regulations. The DOL asserts that today’s varied worker arrangements are Read More
	ADA Accommodations – Reassignment Redux January 24, 2016 Not long ago we addressed job reassignment as the ADA “accommodation of last resort.” In a nutshell, the ADA requires an employer to consider reassignment of a disabled employee to a vacant position when (1) no other reasonable accommodation will enable the employee to perform the essential functio Read More
	Court to EEOC: “Teamwork” Does Not Replace Performing Essential Functions of Position January 21, 2016 In a case against auto parts retailer AutoZone, the EEOC asserted that AutoZone should accommodate an employee with a disability by enforcing its “teamwork” company policy. Problem is, according to the court, it is “a common practice for employers to promote cooperation and teamwork amongst their e Read More
	Reassignment – Don’t Forget the ADA “Accommodation of Last Resort” December 16, 2015 Updated 2/1/2018: Reassignment as an ADA Accommodation: To Compete or Not to Compete?When good faith efforts during the interactive process fail to yield an effective accommodation for the employee’s current position, the ADA requires an employer to consider a possible accommodation that employers f Read More
	Invigorating, Inspiring, and Intriguing? No, Just a California Disability Insurance – Voluntary Plan Update November 20, 2015 On November 16, I attended the meeting of the California Voluntary Plan Advisory Group (VPAG). This is a group that meets twice a year to discuss issues relating to California disability insurance offered pursuant to employer voluntary plans – certainly one of the more invigorating, inspiring, Read More
	Witch Warts are Covered by FMLA? October 30, 2015 Wanda the Witch works as an administrative assistant for Stir the Pot, Inc., a cauldron manufacturer. Wanda is tired of seeing all her warts in the mirror and getting shunned at work. She schedules facial surgery to remove the warts. Her doctor tells her the surgery will be performed in the doctor’s Read More
	Nuts and Bolts and ADA October 29, 2015 Frankenstein works for All Hallows Reconstruction, Inc., a company that produces nuts, bolts, and other metal products. Frankenstein works on the production line operating a magnetic calibration unit that controls the quality of production. This requires frequent physical twists and turns by Fra Read More
	Can a Ghost Qualify for FMLA Leave? October 28, 2015 Q: Whisper the Ghost is having problems with his visibility controls and is constantly transparent. Can he take FMLA leave from his long-time job as desk clerk at the Stanley Hotel until he can make himself visible to guests checking in?A: Maybe. An eligible employee is entitled to FMLA leave if h Read More
	Part II: Just for Grins – How Many Leave Laws DOES California Have? October 21, 2015 Yesterday, observing that having employees in California can be quite a challenge, we reviewed the recent amendments to leave-related laws passed (and vetoed) in California. You can find that post here.That started me thinking – how many leave laws DOES California have? Here’s a list of existing C Read More
	Part I: California Continues Reign as Leave Law Leader October 20, 2015 Mention that you have employees in California, and every HR professional and employment lawyer in the room will feel your pain. With over a dozen laws that provide employees with leaves of absence and 4 laws that provide pay benefits during time off, California leads the country in its number of le Read More
	PART II: FMLA? No, no, no! The employee does NOT get to choose! October 06, 2015 Last week, we reviewed the facts and court ruling in Amstutz v. Liberty Center Board of Education, which I called an “unfortunate decision” for employers even though the defendant employer won the case. In short, the court ruled that an employee can decline to use FMLA leave for a qualifying absence Read More
	Part I: FMLA? No, no, no! The employee does NOT get to choose! October 02, 2015 This is part one of a two-part article. Look for the conclusion next week.According to the US Department of Labor, an employee does not get to choose whether to count a qualifying absence as FMLA or not. But, last week, another court got it wrong. In Amstutz v. Liberty Center Board of Education, an Read More
	Do Your Homework on School Activities Leave September 21, 2015 Q: What do school buses and lunch boxes have to do with leaves of absence?A: A lot, if you live in a state with “school activities” leave.School is back in session and along with it comes lots of school activities: parent-teacher conferences, football games, chaperoning the Homecoming dance – and Read More
	Matrix zoom! No longer flying under the Radar September 07, 2015 Welcome to Matrix-Radar.com – your new source for reliable, pertinent, and timely information about managing employee leaves of absence and accommodations.In this inaugural blog post, I want to share what you can expect from Matrix-Radar in the coming weeks. Topics will include FMLA and state Read More
	Free webinar encore: Ensuring compliance post-ADAAA September 06, 2015 With the passing of 2009’s Americans with Disabilities Act Amendments Act (ADAAA), the scope and impact of the original Act was materially expanded: Today fully 19% of working Americans are classified as living with a disability under provisions of ADAAA.Yet research among employers suggests there i Read More
	Kathy Ireland helps tell the Matrix story September 01, 2015 A good story calls for a good storyteller — and a large audience. The Matrix Absence Management story recently got both, when Matrix President Ken Cope stopped by to chat with Kathy Ireland on her syndicated broadcast, Worldwide Business with Kathy Ireland®. The program airs weekly and reaches over Read More

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