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2021 Is Here: Time For Your Annual Employment Law Compliance Checkup | Jackson Lewis P C

Former employee says nursing home discriminated against him

Adobe Stock HUNTINGTON A former employee says Wayne Nursing & Rehabilitation Center discriminated against him and caused him to resign from his employment. Randall Fetty began working for the nursing home in 2016 as a maintenance supervisor and suffered a stroke on Feb. 27, according to a complaint filed in U.S. District Court for the Southern District of West Virginia. Fetty claims he applied for and was approved for Family Medical Leave Act (FMLA) leave and used that leave over several months. He was told on June 1 that he needed to supply a return to work release from the doctor who had certified his FMLA application, but that doctor was out of town and without that signature, he was unable to return to work. 

Paid family and sick leave could expand for the first time in decades because of the pandemic

Skip to main content Paid family and sick leave could expand for the first time in decades because of the pandemic Kim Bellware, The Washington Post Feb. 6, 2021 FacebookTwitterEmail Just two weeks into Bill Clinton s nascent presidency, the 1993 Family Medical Leave Act was the first bill he signed into law. Advocates said the FMLA, which guarantees certain employees up to 12 weeks of unpaid time off for family or medical reasons, would be a springboard to expansive leave protections. Instead, it proved to be a stopping point: More than 28 years later, Congress hasn t passed significant legislation to broadly expand family and medical leave.

New Chubb WorkInsight System Tracks Absence Management, Benefits for Employers

California Employers and Updates to Leave Requirements

Friday, February 5, 2021 The Ninth Circuit and the California legislature recently updated employer leave requirements, impacting California employers.  The Ninth Circuit recently handed down two decisions regarding leave under the Family Medical Leave Act (“FMLA”), including a decision concerning what constitutes a “workweek” for FMLA purposes.  Additionally, as of January 1, 2021, smaller employers in California will have to grant 12 weeks of leave under the California Family Rights Act (“CFRA”).  Employers should consider these changes as they update their leave policies, especially as employees may take more extended leaves during the COVID-19 pandemic. Employee Schedules Do Not Determine What Constitutes a “Workweek” The FMLA requires covered employers to provide “12 workweeks of leave during any 12-month period” to qualified employees when a covered family or medical need arises (such as the birth or adoption of a child, the need to care for

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