Compliance Stuff

Here’s a story about Dyamond, who will forever impact the manner in which you review FMLA medical certification. If this teaser doesn’t have you on the edge of your seat, nothing in this little FMLA blog will. Dyamond’s Story Dyamond worked at an assisted living facility run by the State of Illinois (DHS), and she became pregnant. It was a difficult first trimester for Dyamond, who was absent several days due to morning sickness associated with her pregnancy. When she missed five workdays in a bit more than a week due to reported morning sickness, DHS provided her FMLA notices and asked her doctor to complete medical certification. One week later, she even left her shift early due to another bout with morning sickness. Dyamond’s obstetrician completed medical certification, noting that her medical condition was “pregnancy.” As she suffered from lupus, her pregnancy was considered high-risk, and her OB required additional testing periodically throughout her pregnancy. In the FMLA medica...

  Week 5 of Trump 2. I reported a few weeks ago that  President Trump fired two Democratic Commissioners of the Equal Employme nt Opportunity Commission (former Chair Charlotte Burrows and Jocelyn Samuels) . He appointed Commissioner Andrea Lucas (R) as Acting Chair and left one Democrat, Kalpana Kotagal, on the Commission. One additional seat was already vacant, and as far as I can tell, no one has been nominated to fill that seat, or the seats vacated by Ms. Burrows and Ms. Samuels. The firings plus the vacancy mean that the five-member EEOC currently has only two members and therefore lacks a quorum . That means they can’t issue regulations or guidance, or withdraw or replace regulations or guidance issued during the Biden (or any other) Administration. However, enforcement activity can continue. Or stop, as the case may be. Without question, the EEOC is backing down in certain areas. After an article in  Bloomberg Law  yesterday criticized what was going on,...

  A (not so) perfect cluster. Happy new year, everybody. During the holidays, a federal judge in Wisconsin ruled  that an employee’s pregnancy discrimination claim will go to a jury. The plaintiff (we’ll call her “Katy”) was a vice president of operations and had been with the employer in that and other capacities for 20 years. Apparently she got good reviews, promotion to VP, an incentive bonus, and all was swell. In April 2019, Katy began  in vitro  fertilization treatment that failed. She let the Chief Executive Officer (we’ll call him “Biff”) know about it. She apparently had another IVF procedure that same year. That also failed. Biff seems to have been supportive, and made some accommodations to her during this time. Then, in December 2019, Katy decided to give the IVF a third go. She told Biff that this time, she and her husband were going to use an egg donor and “that she would be undergoing another procedure in January 2020.” Two members of Katy's work team ...

 The Minnesota legislature made slight adjustments to the state’s pregnancy accommodation law and the pregnancy and parental leave law that will go into effect Aug. 1, 2024. The amendments clarify that when an employee takes leave as a pregnancy accommodation or pursuant to Minnesota’s pregnancy and parental leave law, employers must maintain the employee’s coverage under any group insurance policy, group subscriber contract, or healthcare plan for the employee and any dependents as if the employee was still working. However, employers can continue requiring employees to pay their share of the premium for any such benefits. Additionally, employers may not count any time an employee takes off work to attend prenatal care medical appointments against the employee’s 12-week leave entitlement under the pregnancy and parental leave law. Source(s):    JacksonLewis , received on June 4, 2024;  JacksonLewis , accessed on June 6, 2024.

Paid Prenatal Leave is available to pregnant employees in New York.  Effective January 1, 2025, the  New York Paid Family Leave Law  has been updated to now provides  20 hours of paid leave  for attending prenatal medical appointments.   This has been added to our Compliance Calendar!   Source(s):   JD Supra , received on April 29, 2024;  New York State , accessed on May 10, 2024

  Senate Bill 147 (SB 147) was signed into law May 2023.  This Michigan law amended the states Elliot-Larsen Civil Rights Act (ELCRA).     The ELCRA prohibits sex-based discrimination to pregnancy, childbirth, or aa medical condition related to pregnancy. The ELCRA does include the exception for “nontherapeutic abortions not intended to save the life of the mother.”  What does this mean?  Employers could legally discriminate against employees who terminate a pregnancy if it was intended to save the life of the mother.   This amendment prohibits companies from treating an employee differently for terminating a pregnancy for any reason.  This amendment will take effect on March 28, 2024.   Source:  GovDocs , received on February 15, 2024.