Articles Posted in Paid Time Off

If you are a Philadelphia employer, check out my post from February and this poster. While the new law requires employers of 10 or more to provide paid sick leave, those with 9 or few employees must still provide unpaid sick leave. If you haven’t done so already, update your employee handbooks.

For the rest of you (and, I suppose, my Philadelphia employer readers too), the results of yesterday’s Facebook poll are in…and not all that surprising.

71% of those who responded would fire an employee who identifies herself on Facebook as one of your employees and, in a status update, praises the murder of two police officers. Others would either discipline/counsel the employee (21%), or do nothing to the employee (4%). One of you would consult the company’s social media policy before taking action. Another one of you would discuss with the employee first and then decide what to do.

And one more of you would “Put her on a one-way flight to Itan or Notth Korea.”

It’s even better with the misspellings. In fact, I’m just going to leave that there and walk away from the computer now.

 

Back in December, I warned you (here) that, after two failed attempts to enact paid sick leave in Philadelphia, the third time may be the charm in 2015.

I was right.

(Want to rub my head for good luck? Or hire me as your employment lawyer? Yeah, let’s go with the second one.)

Yesterday, Mayor Nutter signed into law a paid sick leave bill that passed City Council by a vote of 14-2. The new law, which will apply to businesses with at least 10 employees, will allow employees to accrue an hour of paid sick leave for every 40 hours of work. It goes into effect in 90 days.

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I had every intention of watching the President address the Nation last night. I really did.

But, then I got sucked into the Director’s Cut of The Harlem Globetrotters on Gilligan’s Island, the one where the Washington Generals show up first and replace all the confetti with lice. Then poor Lovie Howell takes some shrapnel and, frankly, I didn’t realize that Thurston could order a hit squad so quickly to a remote Island.

By the time I remembered the SOTU, the Harlem Globetrotters were busting out a ladder — sorry, Krusty — and que sera.

Fortunately for me, and, by extension, you, the White House printed a copy of the SOTU, which I could cut and paste expertly analyze for you after the jump…

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In an announcement made late in the day yesterday on LinkedIn, Valerie Jarrett, Senior Advisor to President Barack Obama, posted that President Obama will call upon Congress today to pass the Healthy Families Act.

More on this push from the President and what it will mean for American business, after the jump…

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In Friday’s edition of The Atlantic, Emily Matcher’s “Should Paid ‘Menstrual Leave’ Be a Thing?” was shared over 12,000 times.

The article notes that several Asian countries including Taiwan, Japan, South Korea, and Indonesia, offer “menstrual leave” for women endure painful periods. However, Ms. Matcher mentioned that, while many of these laws are “well-intentioned,” many women decline to take leave given the potential embarrassment of having to substantiate the basis for their “menstrual leave” or because they may be viewed as weak.

Katy Waldman, writing at The Slate Blog, says “Thanks, but We Will Pass on Paid Menstrual Leave.” She argues that companies with reasonable sick-leave policies “should be able to accommodate these women without prying into their pants.”

Well, I should hope so.

Most sick-leave policies I’ve seen don’t require a doctor’s note for missing a day or two. And most cities that have enacted paid-sick-leave laws have followed suit and don’t require employees to substantiate calling out sick for a day or two.

But, even without a formal sick-leave policy, while conceding that I have no personal experience with a painful period, I would imagine that, bad menstrual pain could qualify as a “serious health condition,” which would allow an employee to take leave under the Family and Medical Leave Act.

And how about the Americans with Disabilities Act? Even though it is episodic, and temporary, if it interferes with a major life activity, theoretically, bad menstrual pain may qualify as a disability under the ADA. This would trigger the potential obligation for an employer to provide a reasonable accommodation — maybe, time off.

So, I think we have this covered without offering separate “paid menstrual leave.”

But what do you think? Should American employers offer “paid menstrual leave?” Please let me know in the comments below.

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If you’re on LinkedIn, consider joining the discussion of news, trends and insights in employment law, HR, and the workplace, by becoming a member of The Employer Handbook LinkedIn Group. Tell ’em Meyer sent you.

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Earlier this year, the City of Philadelphia got this close to passing a bill requiring local employers to provide paid sick leave to employee.

PA Rep. Seth Grove (York County-R), wants to make sure there are no such close calls in the future.

Late last month, Rep. Grove introduced this bill in the PA House of Representatives, geared towards “providing statewide uniformity regarding vacation and other forms of leave mandated by political subdivisions.” 

Specifically, Rep. Grove’s bill, if passed, will prohibit PA municipalities from “requiring an employer to provide an employee or class of employees with vacation or other forms of leave from employment, paid or unpaid, that is not required by Federal or State law, and may not require an employer to compensate an employee for any vacation or other forms of leave for which Federal or State law does not require the employee to be compensated.”

(The bill, if passed, would not affect paid-sick-leave laws for municipal employees, such as the one presently in effect in Philadelphia. Although, Philly’s law is broad enough to affect employers who do business with Philadelphia. So, who knows?)

In a September 16 memo, Rep. Grove lamented that local paid-sick-leave laws “create an uneven playing field for the businesses located inside the municipality,” while “businesses with more than one location are forced to comply with a variety of different and changing mandates.”

Brendan Fischer at PRWatch.org reports here that this bill is on the fast track in PA. Right now, the bill sits in Committee.

I’ll add updates as the bill advances through the House.

** picks up phone dorks out in his bluetooth VOIP-compatible headset **

Thumbnail image for philadelphia.jpgThe Employer Handbook: “Nyello.”

Two Weeks Ago: “Hi Handbook. This is “Two Weeks Ago” calling. I wanted to let you know that Philadelphia Mayor Michael Nutter vetoed the “Promoting Healthy Families and Workplaces” Bill, also known as the paid sick leave legislation. I read about that legislation on your blog back in February, and I was wondering when you were going to get around to updating your readers.”

Handbook: “Yeah, I meant to write about —. Hold please. I have another call coming in. Hello?”

Last Week: “Hi there. It’s “Last Week.” Is now a good time? I tried to contact you — well — last week, to find out why you hadn’t told your readers that Councilman Greenlee didn’t have the votes to override Mayor Nutter’s veto of Philly’s paid sick leave bill. You ok? I’m concerned.”

Handbook: “I’m fine. Just been busy, I guess.”

LW: “Because now paid sick leave is done in Philly. And I know you target local readers. Look, if you need some help over there…”

Handbook: “I’m cool. It’s all good.”

LW: “You sure? I mean –“


Handbook
: “Hey, Last Week. I’m fine. How’s your employment-law blog, the one that gets thousands of hits going? Oh wait, you don’t have one, do you?”

LW: “Hey, no need to get testy, nerd.”

Handbook: “I got your nerd right here. ** grimaces at crappiness of that lame comeback ** And why don’t you come say that ish to my face? Oh wait, you can’t, can you? Last. Week.” ** swish **

LW: “Hey, I’m not one who is going to blog about a made-up conversation with “Two Weeks Ago” and “Last Week.” You’re going to blog about this, aren’t you? You’re going to blog about this…”

** sigh **

philadelphia.jpg Reporter: Rock, you got anything derogatory to say about the champ? 

Rocky Balboa: Derogatory? Yeah. He’s great.

{Just needed to get that out of my system}

Guess what’s back in Philadelphia City Council. It’s the “Promoting Healthy Families and Workplaces” Bill, otherwise known as paid sick leave.

Here is a breakdown of the bill:

  • Who is covered? Philadelphia businesses employing six or more people.
  • How does sick time accrue? Employees would accrue a minimum of one hour of paid sick time for every 40 hours worked in Philadelphia, up to a maximum of 56 hours of paid sick time in a calendar year. (Employees in business of 6-10 employees accrue a maximum of 32 hours of paid sick time in a calendar year).
  • When does sick time begin to accrue? When employment begins. However, employees would not be able to use any paid sick time under 90 days later, at the earliest.
  • What can employees use sick time for? Themselves, sick family members, and absences due to domestic abuse, sexual assault or stalking.
  • Does sick time carry-over from year to year? Yes, but it can’t exceed 56 hours (32 hours) in any one year.
  • Can an employment implement more generous paid sick leave policies? As far as the City is concerned, please do.
  • What’s the penalty for violating the law?  An employee may file interference or retaliation claims in court. A prevailing plaintiff gets actual damages, an equal amount in liquidated damages, and reasonable attorney’s fees.

Now some of you may be thinking, “Eric doesn’t Philadelphia already have paid sick leave?” Yes, but only for City employees and certain employers who do business with the City. More on that here.

Others of you may be thinking, “Eric, this Promoting Healthy Families and Workplaces bill sounds awfully familiar. Where have I seen it before?” You saw it here, silly, back in 2011. City Council proposed a very similar version of the bill and Mayor Nutter vetoed it. Since that time, however, Seattle, Washington and the State of Connecticut have mandated paid sick leave. 

Will Philadelphia join the ranks?

You’ll just have to click here everyday — EVERY day — to find out.

Personal Breathalyzer with keysSorry about that hangnail. Get well soon and thank you for fighting through the agony to read this post. I’ll make it worth your while.

It’s that time of year again: roadtrip with the boys to the FourLoko distillery CareerBuilder’s Annual Survey of the “Most Unusual Excuses Employees Gave for Calling In Sick.” In last year’s survey, “Employee’s 12-year-old daughter stole his car and he had no other way to work. Employee didn’t want to report it to the police” topped the list.

Find out what made the Top 10 this year, after the jump…

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