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Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 08
  • February
  • 2018

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The Family Medical Leave Act Turns 25 Years Old

The Family Medical Leave Act (the “FMLA”) turned 25 this week, on February 5, 2018. Enacted in 1993, the FMLA is actually one of the youngest federal employment laws on the books. As with most other individual protections enshrined in federal law, the FMLA — which generally allows 12 weeks of unpaid, job-protected leave to care for newborns and ill family members or to deal with a worker’s own serious illness — sets a floor, not a ceiling, for workplace leave. Over the past several years, some states and many cities have taken this principle seriously and enacted more stringent requirements for employee leave. Many employers also provide paid, as opposed to unpaid, leave in some form or another to their employees, often viewing that benefit as good for business and attractive to potential recruits.

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New Year's Resolutions for Modern Workplace Readers

If you’re a frequent reader of the Modern Workplace blog, there’s a good chance you’re involved in human resources and employee relations in some capacity, perhaps as in-house counsel, HR manager, or outside attorney or consultant. In keeping with a tradition for our blog, the Modern Workplace editorial staff has put together a set of New Year’s resolutions for our readers who can impact workplace policies and procedures for 2018.

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  • 26
  • September
  • 2017

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The ADA is Not a Leave Law, But Someone Forgot to Tell the EEOC

Does the ADA require employers to allow unpaid leave for accommodation when such leave doesn’t present undue hardship? This has actually been an open question under the ADA for a while, and the EEOC last year said that unpaid leave might sometimes be a reasonable accommodation; most employers would probably say that unpaid leave is not a reasonable accommodation. After all, an accommodation request can only be reasonable if the employee, “with or without reasonable accommodation, can perform the essential functions of the employment position.”

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HR Checklist for the New Year

As labor lawyers, we tend to think of our professional years as starting and ending on Labor Day. In order to celebrate the new Labor year, I intended to send this post early last week, but a storm called Harvey got in the way. So in belated celebration of the new Labor year, I now provide to you a checklist for the coming year as our New Year gift.

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  • 05
  • July
  • 2017

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Get Your HR Manager an Aspirin: Coping with Paid Family Leave in New York

The New York Paid Family Leave Benefits Law (“PFLBL”), which goes into effect January 1, 2018, might create some new headaches for your company’s HR manager, especially during the initial adjustment to the law. The new law entitles employees to partial salary replacement if they take a leave to bond with a child, care for a close relative with a serious health condition, or help relieve family pressures when someone is called to active military service.

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner

S. Grace Ho

S. Grace Ho Counsel

Jacob D. Ecker

Jacob D. Ecker Associate

Robert Sheppard

Robert Sheppard Associate