Leave of Absence for Small Employers Not Covered by FMLA

paperclip-178126_1920Employers with 50 or more employees must offer eligible employees up to 12 weeks of unpaid leave under the Family Medical Leave Act (FMLA). But what about employers with less than 50 employees? Are they required to provide a leave of absence to an employee with an illness or injury or to an employee who has a family member with a serious illness or injury? Quite possibly. There are a number of federal and state laws which may require an employer to provide a leave of absence, even when the employer is not covered by FMLA. Continue reading

The Family and Medical Leave Act

The federal Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave in a 12 month period where their job is guaranteed upon their return. The law also requires that any group health insurance benefits the employee participates in are continued for the duration of the FMLA leave as if the employee was still working full time.

Covered Employers

FMLA only applies to companies with 50 or more employees during each of 20 or more calendar workweeks in the previous or current calendar year. This may include members of controlled groups and joint employers if the total employee count is 50 or more. In addition, all public agencies (including local, state and federal government agencies) as well as public and private elementary or secondary schools are covered employers regardless of the number of employees.

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Georgia’s New Kin Care Law

Effective July 1, 2017, large employers in Georgia who offer sick leave to their employees must allow their employees to use sick time to care for an immediate family member.

The new law applies to employers with 25 or more employees. These large employers who currently offer employees paid sick leave (or begin to do so in the future) must allow employees who work at least 30 hours per week to use up to 5 days of paid sick leave per year for the care of an immediate family member. Continue reading

Arizona Employers to be Required to Provide Paid Sick Time to All Employees

Under the Fair Wages and Health Families Act, all Arizona employers will be required to provide their employees with paid sick leave beginning on July 1, 2017.

All employees (including full time, part time and temporary) should begin accruing a minimum of one hour of earned paid sick time for each 30 hours worked.

Employers with 15 or more employees can impose an accrual limit of 40 hours (or more) each year. This means that employees would stop accruing paid sick time after they had accrued a total of 40 hours per year.

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Paid Sick Leave Required for Chicago Employers

Effective July 1, 2017 employers with one or more employee working in Chicago will be required to provide their “covered” employees with paid sick leave.

The new ordinance applies to all businesses with one or more “covered” employee in Chicago who have a business facility within the city or who are subject to any of Chicago’s license requirements.

Employees are covered by the ordinance if they work at least two hours in Chicago in any two-week period. Both part time and full time employees are covered as long as they work at least 80 hours in any 120-day period.

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Los Angeles: New Paid Sick Leave Ordinance

On June 2, 2016 the City of Los Angeles approved a city sick leave ordinance separate from the required California state sick leave requirements. This new city ordinance goes into effect on July 1, 2016.

Employees who work two or more hours in a week in the city of Los Angeles will accrue up to 48 hours of sick leave per year. Ttime-371226_1280his is double the amount required by California state law (24 hours).

This new rule applies to employers of all sizes with employees working in Los Angeles. There is not a lower cap for small employers like there is for San Francisco or Santa Monica small employers. Continue reading

Paid Time Off Sharing: Make Policy Fair

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Question: Several times in the past we’ve allowed employee “A” to donate unused sick leave to employee “B” who needs help. Now again an employee has requested permission to donate sick time.  We don’t have a written policy on this.  We don’t have a problem allowing this but think it’s time we make some decisions and put our policy in writing.  Can you give us some guidance?

Specifically, should an employee in need have exhausted all of his or her time before receiving time from someone else?  Should we put a limit on the number of days that can be given to an employee? If a high paid employee donates to a lower paid employee, how is the donated time valued?

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