About

As employment law constantly changes, the attorneys at Bean, Kinney & Korman stay up to date on the law as it develops. Our blog topics focus on those changes and what you need to know about them, ranging from severance agreements and the FLSA to social media in the workplace and recent court decisions. If you are interested in having us cover a specific topic, please let us know.

Contact Us

Topics

Archives

Select Month:

Contributors

Posts in Leave Policies.
FFCRA Update: COVID-19 Paid Leave in 2021

The paid leave requirements of the Families First Coronavirus Response Act (“FFCRA”) expired on December 31, 2020, but employers who choose to continue providing such paid leave can benefit from the FFCRA tax credit through March 31, 2021. 

From April 1, 2020 to December 31, 2020, the FFCRA required covered employers (private employers with fewer than 500 employees and certain public employers) to provide the following to eligible employees, in addition to any paid leave already offered by the employer:

DOL Adjusts their View of Telemedicine to Support FMLA Leave

The U.S. Department of Labor (DOL) has issued guidance clarifying that telemedicine examinations or treatment, which have become increasingly widespread by necessity during the COVID-19 pandemic, may be used by employees as the equivalent of an “in-person visit to a health care provider” for the purpose of establishing a “serious health condition” under the Family and Medical Leave Act (FMLA).

Deck the Halls (but stay Home) this Holiday Season

The 2020 holiday season is fast approaching. By one recent estimate, nearly 40% of Americans are planning to travel for the holidays, many to visit with family, friends, and loved ones for the first time since the start of the COVID-19 pandemic. Yet there are some parts of the U.S., especially the mid-west and south, that are currently experiencing significant spikes in the rate of COVID-19 infections. The CDC continues to actively discourage travel during the COVID-19 pandemic because “travel increases your chance of getting and spreading COVID-19.”  

Summer Camps Closed Due to COVID-19? DOL Issues Additional Guidance for FFCRA Leave Eligibility

With the arrival of summer the U.S. Department of Labor (“DOL”) issued some additional guidance last week to clarify when an employee may take leave under the Family First Coronavirus Response Act (“FFCRA”) to care for the employee’s child based on the closure of a summer camp, summer enrichment program, or other summer program for COVID-19-related reasons. The new guidance adds some gloss to the partial answer previously provided by the DOL earlier in the month, when it addressed the availability of FFCRA leave in the context of pending school summer closures, which you can read about here.

Is Your Employee’s Extended Leave Request a Reasonable Accommodation?

Consider the following scenario. You are an employer to which the FMLA and ADA apply. One of your employees has been on unpaid FMLA leave due to medical conditions that have required ongoing treatment by a team of doctors. The employee has exhausted all of his sick leave and paid time off and is nearing the conclusion of the twelve weeks of unpaid FMLA leave to which he is entitled. You prepare a letter informing him that he must report back to work on the day after his leave has run out. Just before that date, however, the employee provides you with a doctor’s note stating that the employee requires additional medical testing as a part of his treatment, is unable to return to work at the present, and without the additional testing, it is unclear when the employee will be able to return to his job.

Washington DCFor employers located in the greater Washington, DC metro area, keeping up with multiple states’ employment law requirements can be challenging. Virginia and Maryland closely track the federal laws that govern employers on issues such as the Family Medical Leave Act and the Americans with Disabilities Act, with only some minor variations.

However, the District of Columbia has implemented more stringent requirements for employers to comply with under several employment laws. In this month’s article, I will focus specifically on one law the District of Columbia has passed that Virginia and Maryland do not have and how employers can comply with it.