Compliance Stuff

A recent May 2025 opinion from the U.S. Court of Appeals for the Seventh Circuit warns employers that they may not be able to rely strictly on a health care provider’s certification under the Family and Medical Leave Act (FMLA) where they have additional information about an employee’s health condition. It also offers guidance to employers on the mechanics of requiring the use of paid leave concurrently with unpaid FMLA leave. Quick Hits A Seventh Circuit opinion warns employers against strictly relying on health care provider certifications for FMLA leave when they possess additional information about an employee’s health condition. Employees who fail to comply with paid leave substitution policies are still entitled to unpaid FMLA leave. Employers may want to review their paid leave substitution policies to ensure compliance with FMLA regulations and avoid potential legal issues. Background In  Davis v. Illinois Department of Human Services , a pregnant employee had missed a...

 In one of the first decisions interpreting the Massachusetts Paid Family and Medical Leave Act (PFMLA), the Supreme Judicial Court (SJC) held that the PFMLA does not require an employer to allow employees to accrue benefits, such as vacation time and sick time, during PFMLA leave . Bodge, et al. v. Commonwealth, et al., SJC-13567, slip op. (Sept. 13, 2024). In this case, a group of state troopers sued the State Police, claiming the State Police’s policy of not providing for accrual of employee benefits, including vacation time and sick time, while the employees were on PFMLA leave violated the PFMLA . The SJC held that the State Police’s policy of not providing for accrual during the leave did not violate the PFMLA. The SJC noted the PFMLA states, “ An employee who has taken family or medical leave shall be restored to the employee’s previous position or to an equivalent position, with the same status, pay, employment benefits, length-of-service credit and seniority as of the date...

  When presidential administrations change, it’s common to see significant shifts in policy via new regulations, executive orders, different interpretations of federal laws, and changes to enforcement priorities, budgeting, and staffing of federal agencies. What changes can employers expect to see in employment law in the next few years if Vice President Kamala Harris wins the presidential election in November? And what shifts are expected if former president Donald Trump wins? It’s possible to draw some predictions from the two candidates’ campaign promises and governing histories. Quick Hits Vice President Kamala Harris and Donald Trump have voiced differing approaches toward the economy and organized labor during their campaigns. Employers can expect federal laws and regulations to shift based on this year’s election results. Minimum wage, paid leave mandates, and tax rates could change based on who wins the election. Minimum Wage and Overtime Harris has supported increasing the...

  The question of who can access paid leave for a mental health condition depends on several factors, from the place of employment to the place of work.  “Can I take paid leave to treat my mental health condition(s)?” It’s a question that comes up often for both employers and employees alike, especially in an age where people have become much more comfortable discussing mental health in the workplace.   And for good reason.  According to the Centers for Disease Control (CDC) , over 1 in 5 adults suffer from some form of mental illness, many of whom are completely debilitated as a result.   However, the question of who can access paid leave for a mental health condition depends on several factors, from the place of employment to the place of work.   Let’s take a look at the current landscape of paid leave as it relates to mental health in the United States at the federal and state level, and the direction employers themselves are headed to stay competit...

 Under Minnesota’s Paid Leave Law (PLL) that goes into effect in January 2026, employers must provide covered employees up to 20 weeks of leave to care for themselves and their family members with paid leave benefits available through the Minnesota Paid Leave Program. Although the PLL was passed on May 25, 2023, employees will not be able to access paid leave benefits until January 1, 2026 . In the interim, legislators and agency personnel are working to answer questions and fill information gaps. Three important recent developments concerning the PLL include: (1) new guidance from Minnesota’s Department of Employment and Economic Development (MN DEED) for employees and employers, (2) amendments to the PLL signed into law by Governor Tim Walz on May 24, 2024, which allow for increases to payroll taxes to implement the PLL and (3) amendments which provide a comprehensive scheme for appeals and calculating benefit amounts, among other changes. New Guidance On May 15, 2024, MN DEED pu...