Leave Law

A Note describing employer accommodation obligations under the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act (ADAAA). This Note addresses federal law regarding employers' duties to engage in the interactive process and provide reasonable accommodation to a qualified individual with a disability, absent undue hardship. For information on state law requirements, see the State Q&A Tools under Related Content to the right.

A Note describing the rights and obligations of private employers and employees under the Family and Medical Leave Act (FMLA). For information on state leave law requirements, see the Leave Laws State Q&A Tool under Related Content to the right.

A Note describing the leave and reemployment rights of military service members and their families, and private employers' related obligations under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and the Family and Medical Leave Act of 1993 (FMLA). This Note addresses a private employer's duty under federal law to provide leave to military service members and their families and to reemploy military service members following military service leave. For information on state law requirements, see the State Q&A Tools under Related Content to the right.

A Note describing an employer's obligations with respect to pregnancy and parental leave. This Note addresses federal law. For information on state leave law requirements, see the Leave Laws State Q&A Tool under Related Content to the right.

An employee policy on attendance and punctuality at work. It can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is jurisdiction neutral. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

An employee policy on bone marrow, organ and blood donation leave. This Standard Document applies only to private workplaces. It is jurisdiction neutral. State or local laws may impose additional or different requirements, but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

A California-compliant pregnancy disability leave (PDL) medical certification form for employers with five or more employees. This Standard Document is adapted from the prototype provided by California's Department of Fair Employment and Housing. Integrated notes with important explanations and drafting tips have been added. This Standard Document is based on California law. For information on federal and other states' leave law requirements, see the Family and Medical Leave Act (FMLA) resources and State Q&A Tools under Related Content to the right.

A California-compliant medical certification form under the California Family Rights Act (CFRA) for certifying the serious health condition of an employee's family member, such as a spouse, child or parent. This Standard Document is adapted from the prototype provided by the California Fair Employment and Housing Commission. Integrated notes with important explanations and drafting tips have been added. This Standard Document is based on California law. For information on federal and other states' leave law requirements, see the Family and Medical Leave Act (FMLA) resources and State Q&A Tools under Related Content to the right.

A standard form for requesting certification of a serious injury or illness of a current military service member when an employee requests military caregiver leave under the Family and Medical Leave Act (FMLA) to care for that service member. This Standard Document has integrated notes with important explanations and drafting tips. This Standard Document addresses federal law. For information on state leave laws, see the State Q&A Tools under Related Content to the right.

A standard form for requesting certification of an employee's serious health condition under the Family and Medical Leave Act (FMLA). This Standard Document has integrated notes with important explanations and drafting tips. This Standard Document is based on federal law. For information on state leave laws, see the State Q&A Tools under Related Content to the right.

A standard form for requesting certification of a qualifying exigency in connection with an employee's request for qualifying exigency leave under the Family and Medical Leave Act (FMLA). This Standard Document has integrated notes with important explanations and drafting tips. This Standard Document is based on federal law. For information on state leave laws, see the State Q&A Tools under Related Content to the right.

A standard form for notifying employees about their eligibility for leave under the Family and Medical Leave Act (FMLA) and their rights and responsibilities under the FMLA. This Standard Document has integrated notes with important explanations and drafting tips. This Standard Document is based on federal law. For information about state leave law, see the State Q&A Tools under Related Content to the right.

An employee policy regarding leave provisions under the Family and Medical Leave Act of 1993 (FMLA). It can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is based on federal law. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

An employee policy on military service leave under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). It can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is based on federal law. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

A sample pregnancy disability leave policy for California employers with five or more employees that must comply with the state's pregnancy disability leave law. This Standard Document is based on the prototype provided by California's Department of Fair Employment and Housing. It has been drafted in compliance with California law and applies to private employers. This Standard Document has integrated notes with important explanations and drafting tips.

An employee policy on religious accommodations under Title VII of the Civil Rights Act of 1964 (Title VII). It can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is based on federal law. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

This Standard Clause provides safe harbor language under the Genetic Information Nondiscrimination Act of 2008 (GINA) that should be included in a request for employee medical certification to a healthcare provider seeking information about an employee's medical condition or fitness for duty. It can be included in a cover letter accompanying the medical certification request or as an addendum to the request. This Standard Clause has integrated drafting notes with important explanations and drafting tips.

This resource examines the expanded definition of disability under the final regulations to implement the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). It highlights the interpretation of terms such as substantially limits and major life activities, among other concepts under the Americans with Disabilities Act of 1990 (ADA). For information on state law requirements, see the State Q&A Tools under Related Content to the right.

A Checklist of issues on employee notice requirements when requesting and taking leave under the Family and Medical Leave Act (FMLA) and required employer responses. This Checklist addresses notice requirements, certifications and designation of leave as FMLA leave. For information about state law requirements, see the State Q&A Tools under Related Content to the right.

A Chart for private employers summarizing and comparing key provisions of the California Family Rights Act (CFRA), Pregnancy Disability Leave and the federal Family and Medical Leave Act (FMLA).

A Checklist of issues under federal law that private employers should consider when reviewing and responding to an employee's request for pregnancy-related or parental-related leave. This Checklist primarily addresses requirements under the federal Family and Medical Leave Act (FMLA). For information on state law requirements, see the State Q&A Tools under Related Content to the right.

This tool enables subscribers to search and compare PLC's Leave Laws State Q&A resources. Questions and answers cover state equivalents of the Family and Medical Leave Act (FMLA), voting leave, jury duty leave, calculation of leave entitlement/use, notice, employer obligations, recordkeeping and more. Simply select the questions and the jurisdictions that you are interested in and click the "Submit" button. To see all of PLC's State Q&As on Leave Laws, see State Q&A Guide to Leave Laws. To see all of PLC's State Q&As, including relevant Legal Updates since the publication date (under Related Content), see individual Q&As on the Labor & Employment State Q&As landing page.

A Q&A guide to state law on employee leave for private employers in Alabama. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool).

A Q&A guide to state law on employee leave for private employers in California. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool).

A guide to state law on employee leave for private employers in Connecticut. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool).

A Q&A guide to state law on employee leave for private employers in Florida. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool). 

A Q&A guide to state law on employee leave for private employers in Idaho. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool).

A Q&A guide to state law on employee leave for private employers in Indiana. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool).

A Q&A guide to state law on employee leave for private employers in Kansas. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool).

A Q&A guide to state law on employee leave for private employers in Louisiana. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool).

A Q&A guide to state law on employee leave for private employers in Maryland. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool).

A Q&A guide to state law on employee leave for private employers in Michigan. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool).

A guide to state law on employee leave for private employers in Mississippi. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool).

A guide to state law on employee leave for private employers in Nebraska. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool).

A Q&A guide to state law on employee leave for private employers in New Hampshire. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool).

A Q&A guide to state law on employee leave for private employers in New Mexico. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool).

A Q&A guide to state law on employee leave for private employers in North Carolina. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool).

A Q&A guide to state law on employee leave for private employers in Oklahoma. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law.  Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool).

A Q&A guide to state law on employee leave for private employers in Pennsylvania. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool).

A Q&A guide to state law on employee leave for private employers in Tennessee. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool).

A Q&A guide to state law on employee leave for private employers in Utah. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool).

A guide to state law on employee leave for private employers in Washington. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool).

A Q&A guide to state law on employee leave for private employers in Wisconsin. This Q&A addresses the legal requirements for leave from employment and explains the rights and obligations of employees and employers under state law. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Laws: State Q&A Tool).

A Q&A guide to state law on leave policy language for private employers in Arizona. This Q&A suggests model language that may be included in employee leave policies that is consistent with state-specific requirements. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Language: State Q&A Tool).

A Q&A guide to state law on leave policy language for private employers in Colorado. This Q&A suggests model language that may be included in employee leave policies that is consistent with state-specific requirements. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Language: State Q&A Tool).

A Q&A guide to state law on leave policy language for private employers in the District of Columbia. This Q&A suggests model language that may be included in employee leave policies that is consistent with state-specific requirements. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Language: State Q&A Tool).

A Q&A guide to state law on leave policy language for private employers in Georgia. This Q&A suggests model language that may be included in employee leave policies that is consistent with state-specific requirements. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Language: State Q&A Tool).

A Q&A guide to state law on leave policy language for private employers in Illinois. This Q&A suggests model language that may be included in employee leave policies that is consistent with state-specific requirements. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Language: State Q&A Tool).

A Q&A guide to state law on leave policy language for private employers in Iowa. This Q&A suggests model language that may be included in employee leave policies that is consistent with state-specific requirements. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Language: State Q&A Tool).

A Q&A guide to state law on leave policy language for private employers in Kentucky. This Q&A suggests model language that may be included in employee leave policies that is consistent with state-specific requirements. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Language: State Q&A Tool).

A Q&A guide to state law on leave policy language for private employers in Maine. This Q&A suggests model language that may be included in employee leave policies that is consistent with state-specific requirements. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Language: State Q&A Tool).

A Q&A guide to state law on leave policy language for private employers in Massachusetts. This Q&A suggests model language that may be included in employee leave policies that is consistent with state-specific requirements. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Tool: State Q&A Tool).

A Q&A guide to state law on leave policy language for private employers in Minnesota. This Q&A suggests model language that may be included in employee leave policies that is consistent with state-specific requirements. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Language: State Q&A Tool).

A Q&A guide to state law on leave policy language for private employers in Missouri. This Q&A suggests model language that is consistent with state-specific requirements that may be included in employee leave policies . Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Language: State Q&A Tool).

A Q&A guide to state law on leave policy language for private employers in Nevada. This Q&A suggests model language that may be included in employee leave policies that is consistent with state-specific requirements. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Language: State Q&A Tool).

A Q&A guide to state law on leave policy language for private employers in New Jersey. This Q&A suggests model language that may be included in employee leave policies that is consistent with state-specific requirements. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Language: State Q&A Tool).

A Q&A guide to state law on leave policy language for private employers in New York. This Q&A suggests model language that may be included in employee leave policies that is consistent with state-specific requirements. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Language: State Q&A Tool).

A Q&A guide to state law on leave policy language for private employers in Ohio. This Q&A suggests model language that may be included in employee leave policies that is consistent with state-specific requirements. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Language: State Q&A Tool).

A Q&A guide to state law on leave policy language for private employers in Oregon. This Q&A suggests model language that may be included in employee leave policies that is consistent with state-specific requirements. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Language: State Q&A Tool).

A Q&A guide to state law on leave policy language for private employers in South Carolina. This Q&A suggests model language that may be included in employee leave policies that is consistent with state-specific requirements. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Language: State Q&A Tool).

A Q&A guide to state law on leave policy language for private employers in Texas. This Q&A suggests model language that may be included in employee leave policies that is consistent with state-specific requirements. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Language: State Q&A Tool).

A Q&A guide to state law on leave policy language for private employers in Virginia. This Q&A suggests model language that may be included in employee leave policies that is consistent with state-specific requirements. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Language: State Q&A Tool).

A Q&A guide to state law on leave policy language for private employers in West Virginia. This Q&A suggests model language that may be included in employee leave policies that is consistent with state-specific requirements. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Leave Policy Language: State Q&A Tool).

In Baldwin v. City of Greensboro, the US Court of Appeals for the Fourth Circuit held that a Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA) claim that accrued before the 2008 USERRA successor statute that eliminated the statute of limitations was barred by the four-year federal "catch-all" statute of limitations.

In Wehrley v. American Family Mutual Insurance Co., the US Court of Appeals for the Tenth Circuit joins the Third, Sixth and Eleventh Circuits in holding that giving an employer notice of intent to take FMLA leave is protected activity for purposes of an FMLA retaliation claim.  

Resources to help employers understand changes in the Department of Labor's (DOL) new Final Rule implementing statutory amendments to the Family and Medical Leave Act (FMLA).

This Law Firm Publication by Jackson Lewis LLP discusses the California Court of Appeal's February 21, 2013 decision in Sanchez v. Swissport, Inc. In a case of first impression, the court held that an employee who was disabled as a result of her pregnancy and had exhausted all leave under California's Pregnancy Disability Leave Law (PDLL) and the California Family Rights Act was entitled to additional leave as a reasonable accommodation under the California Fair Employment and Housing Act (FEHA). The court noted that its ruling was consistent with the Pregnancy Disability Leave Regulations, effective December 30, 2012, which provide that the right to take pregnancy disability leave under the PDLL and the regulations is separate and distinct from the right to take a leave of absence as a reasonable accommodation under the FEHA.

In a case of first impression, the US Court of Appeals for the Seventh Circuit held in James v. Hyatt Regency Chicago that an employer did not violate the Family and Medical Leave Act (FMLA) by granting an employee his full 12-week FMLA leave and reinstating him only after the leave ended, despite the employee's claim that he should have been allowed to return to work earlier.

This Law Firm Publication by Jackson Lewis LLP discusses the Nebraska Supreme Court's decision in Moyera v. Quality Pork Int'l, in which the court held that the Nebraska Workers' Compensation Act applies to undocumented aliens. Persuaded by decisions from other jurisdictions and public policy concerns, the court concluded that these workers are eligible for permanent total disability benefits for work-related injuries under Nebraska's Workers' Compensation Act. Courts in nine other states have similarly found undocumented aliens to be covered by state workers' compensation laws.

This Law Firm Publication by Jackson Lewis LLP describes recent amendments to California's pregnancy leave regulations, effective December 30, 2012. The amended regulations extend coverage to "perceived pregnancy."  They also expand the definition of "disabled by pregnancy" for purposes of pregnancy disability leave, and clarify that the four-month leave period is calculated in hours, not days. The amended regulations clarify reasonable accommodation requirements and include changes to employee notices.

This Law Firm Publication by Wiggin and Dana LLP discusses the Connecticut Supreme Court's decision in Velez v. Commissioner of Labor. The court held that Connecticut's Family and Medical Leave Act, which covers employers with "seventy-five or more employees," applies only to those employers that have at least 75 employees in Connecticut, regardless of their total number of employees.

This Law Firm Publication by Jackson Lewis LLP discusses California's Senate Bill 1038, which was recently signed by Governor Brown. Effective January 1, 2013, the new law will, among other things, eliminate the California Fair Employment and Housing Commission (FEHC). The FEHC's duties of rulemaking and administrative adjudication of discrimination claims will be mainly assumed by the Department of Fair Employment and Housing (DFEH), which will include a Fair Employment and Housing Council.

This Law Firm Publication by Stoel Rives LLP provides answers to common questions that employers may have about Seattle Paid Sick and Safe Time (PSST). On September 1, 2012, employees in the City of Seattle will begin to accrue PSST, which they may take as soon as they have worked 180 days or more. The ordinance applies to all employers with more than four full-time employees, however notice obligations apply to all employers with Seattle employees. Full-time, part-time and temporary workers are eligible for the new benefit, as are employees who only occasionally work in Seattle. Employees will be able to use their accrued PSST as paid time off for their own or a family member's illness or for certain safety-related reasons. Employers must notify Seattle employees of their PSST rights by September 1, 2012. A model notice and poster is available on the Seattle Office for Civil Rights (SOCR) website.

This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses guidelines expanding on Philadelphia's recent ordinance requiring covered employers, including the City of Philadelphia and certain city contractors, to provide paid sick leave to regular, full-time employees. Among other things, the guidelines provide additional information on which employers are covered by the law and the amount of leave eligible employees are entitled to receive.

In Jones v. C&D Technologies, Inc., the US Court of Appeals for the Seventh Circuit held that picking up a prescription refill note from a doctor's office does not qualify as receiving medical treatment for a serious medical condition under the Family and Medical Leave Act (FMLA) and therefore that the plaintiff was not entitled to FMLA leave.

This Law Firm Publication by Jackson Lewis LLP discusses Hansen v. Robert Half Int’l, a recent Minnesota Supreme Court decision affirming that an employee has no right to reinstatement under the Minnesota Parenting Leave Act (MPLA) following an extension of maternity leave. Hansen claimed that her employer violated the MPLA by failing to reinstate her after maternity leave and by retaliating against her for taking maternity leave. She also claimed that the employer violated the Minnesota Human Rights Act (MHRA) by terminating her because of her sex. The court held that the MPLA neither provides nor suggests that an extension of leave under the MPLA extends the right to reinstatement. The court supported its conclusion by referring to federal court decisions that the expiration of Family and Medical Leave Act (FMLA) leave terminates reinstatement rights to the same or an equivalent position. Further, because Hansen’s employer clearly stated in writing that she would forfeit her right to reinstatement if she extended her leave, her right to reinstatement was not extended. The court also held that there was a bona fide reduction in force and that Hansen failed to show that her termination was because of her sex.

The US District Court for the Northern District of California recently upheld an arbitration agreement containing a class action waiver, holding that AT&T Mobility LLC v. Concepcion, which articulates a strong federal policy of enforcing arbitration agreements, controls. The court distinguished D.R. Horton, Inc., finding the National Labor Relations Act (NLRA) does not bar enforcement of agreements to arbitrate non-NLRA claims on an individual basis.

In Schaefer-LaRose v. Eli Lilly & Co., the US Court of Appeals for the Seventh Circuit held pharmaceutical sales representatives are exempt from overtime under the Fair Labor Standards Act's (FLSA) administrative exemption. The Court declined to rule on the outside sales exemption argument. That question is currently pending before the US Supreme Court.

The US Department of Labor's (DOL) Wage and Hour Division (WHD) has extended the comment period for the proposed rule implementing statutory amendments to the Family and Medical Leave Act (FMLA). Among other things, the new rules would expand military caregiver leave, add a special hours of service eligibility requirement for airline flight crew employees, and impact certain regulations for calculating FMLA leave and for reinstating employees following FMLA leave.

In US v. Alabama Department of Mental Health and Mental Retardation, the US Court of Appeals for the Eleventh Circuit held that a state agency violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) by not immediately rehiring an employee who returned from military duty, even though the employee rejected a transfer to another city for other reasons.

The US Court of Appeals for the Third Circuit issued a decision in Haybarger v. Mancino, on January 31, 2012. The Court held that a supervisor employed by a public agency may be individually liable under the Family and Medical Leave Act (FMLA) so long as the supervisor exercises sufficient authority over employees and acts in the employer's interests.

In Donald v. Sybra, Inc., the US Court of Appeals for the Sixth Circuit held that Family and Medical Leave Act (FMLA) interference claims should be analyzed under the McDonnell Douglas burden-shifting standard typically applied to discrimination claims. This case is particularly noteworthy because at least two circuit courts (First and Seventh) have expressly rejected application of the burden-shifting analysis to these claims in favor of a more employee-friendly standard.

A defense appropriations bill recently signed into law by President Obama expands certain protections of the Uniformed Services Employment and Reemployment Rights Act (USERRA) to National Guard members who respond to national emergencies within the US.

This Jackson Lewis LLP memorandum discusses the Connecticut DOL's recently issued guidance on its paid sick leave law, which goes into effect January 1, 2012. The law, Connecticut Public Act 11-52, requires covered employers to give all "service employees" specified amounts of paid sick leave. The agency also released a poster that employers may use to satisfy the law's notice requirement.

This Jackson Lewis LLP memorandum covers Philadelphia's new sick leave ordinance, which requires certain Philadelphia employers to provide full-time employees with paid sick leave beginning July 1, 2012. The ordinance applies to a limited range of employers, including the city of Philadelphia and certain contractors who do business with the city. Under the new law, covered employers with at least 11 employees must provide at least 56 hours of paid sick time in a calendar year, while covered employers with at least five but fewer than 11 must provide 32 hours. Mayor Michael Nutter earlier vetoed a paid sick leave bill which would have applied to all Philadelphia employers with more than five employees.

This Ogletree, Deakins, Nash, Smoak & Stewart, P.C. memorandum discusses new California employment laws signed by Governor Brown. Under SB 222/AB 210, health insurers must provide maternity coverage for all insureds under individual policies starting no later than July 1, 2012. Under AB 243, farm labor contractors must include the name and address of all growers or other farm labor contractors that used the employer's services on employees' itemized payroll statements. Under SB 126, the Agricultural Labor Relations Board can certify a union as the employees' bargaining agent if it finds employer misconduct would make the chances of a fair new election unlikely. The latter two laws become effective January 1, 2012.

California passes new amendments that clarify California's bone marrow and organ donation leave law, codified at Section 1510 of the California Labor Code.