Skip to main content

Posts

Showing posts with the label paid time off

Vacations: Necessary for the Soul, but Not Required By Law

Like many of you, I long for vacations.  I like to plan them out in advance and then spend the intervening weeks and months plotting and scheming. What restaurants and new foods should we try? What attractions should we try to visit? And while that private tour my Facebook friend recommended sounds neat and all, what can we really afford to do? Having just returned from a trip overseas, I can attest that vacations are good for the soul too.  They provide time with friends and family and a much needed perspective.  There is simply more to life than the constant barrage of news that seems to infiltrate our lives nowadays. But where do vacations fit in the legal schemes employers set up in Connecticut? Well, for one thing, vacations are not mandated by any state or federal law.  Employers are free to decide whether or not they want to give their employees any vacation days.  But many employers recognize that offering vacation days makes jobs more attractive and als...

You Don’t Want To Be THAT Person on Someone Else’s Holiday

Today marks Rosh Hashanah, the Jewish New Year and one of the holiest days of the Jewish year. But it’s a day of business to many. What should employers be doing for employees, though, that are celebrating the day? There are actually a few different ways to answer the question. The first answer, looking just at the legal obligations, is that the employer must provide an accommodation under Title VII. But that standard is different than an ADA analysis. Instead, the law requires an employer or other covered entity to reasonably accommodate an employee’s religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer’s business. Thus, giving an employee a day off to observe the holiday will, in many instances, be deemed to be a reasonable accommodation to the employee. So that answers the legal obligation, but what else should an employer be doing? Well, are you e-mailing that employee on their “day off...

When You’re Sick, Can You Get Better For the Right “Price”?

Earlier this week, as I peeked up from my bed covers, I heard the lovely, comforting sound I heard when I was a kid. “Come on Down!” “The Price is Right” was starting. Sure, Bob Barker is no longer the host, but I didn’t care. At that moment, when my stomach was churning and the room was moving a bit, all I was hoping for was a round of Plinko. (I did, however, miss the ultimate Plinko win a few weeks back.) Well that, and maybe a spin of the wheel where someone wins a $1000.  (And I missed this record-setting set of spins too.) Netflix? My head hurts. Bingeing on a show? Too much thinking. But at 11 a.m. — like chicken soup — The Price is Right was there for me. Is it the classic show for working folk to watch when they’re sick? Who knows. With an iPhone by your side and the e-mails piling up, it’s hard to just rest and let your body recover. In fact, I would argue that it’s harder in this 24/7 work environment to just tu...

How Do Employer’s Leave Policies Interact with FFCRA? USDOL Tries to Clarify

The United States Department of Labor recently updated its guidance on the Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Expansion Act (FMLA+). My colleagues at Shipman & Goodwin recapped the new guidance here. One of the key takeaways from is that under the USDOL’s prior guidance and regulations, it was not clear if an employer could require an employee to use accrued leave during the 10-week period of FMLA+. In its recently issued guidance, the USDOL clarified that an employer can require employees to use accrued paid leave under the employer’s policies to cover absences under the FMLA+. The practical effect is that an employer might be able to require employees to use up their accrued leave while out on FMLA+, potentially exhausting their leave balances. Once employees exhaust their accrued leave, then they still will be able to receive 2/3 pay for the remainder of the FMLA+ leave. Sounds clear, right? Well, not exactly. The regulations ...