Minneapolis has issued a FAQ regarding COVID-19 and the Minneapolis Sick and Safe Time Ordinance. In short, the document outlines how the city of Minneapolis is “interpreting” the ordinance as it relates to earned sick and safe time (ESST). While I believe they are taking some liberties with their interpretation of the ordinance, employers
Tier I & Tier 2 Employers Have Some Relief from Emergency Family & Medical Leave
When navigating the Families First Coronavirus Response Act (“FFCRA”), Minnesota employers should not forget about Governor Walz’s Executive Order 20-02. This order states that district schools must provide care to, at a minimum, district-enrolled students 12 and younger of emergency workers. The state has classified (so far) workers into “Tier 1” and “Tier 2”
Frequently Asked Questions About the Families First Coronavirus Response Act
As time goes on, I will do my best to update you all with questions I am asked frequently about the Families First Coronavirus Response Act (Families First Act or FFCRA) which includes the Emergency Family and Medical Leave Expansion Act (EFMLA) and the Emergency Paid Sick Leave Act (SPSLA). This post will be updated
Employer Obligations Under the Federal Emergency Family and Medical Leave Expansion Act
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (Families First Act or FFCRA) into law which, among other things, amends the Family Medical Leave Act (FMLA) with the Emergency Family and Medical Leave Expansion Act (EFMLA). Here is what employers need to know about Public Health Emergency Leave (“PHEL”):
- Employees
How to Handle Wage and Time Off Issues with Coronavirus – COVID-19 and Other Infectious Diseases in Minnesota
I held off as long as possible, but it seems like we are getting inundated these past few days with wage and time off questions relating to Coronavirus – COVID-19 as it moves into Minnesota. So, below is my take on the situation, and an overview of considerations for employers. As always, be sure not
DOL Clarifies Employees May Not Use PTO In Lieu of FMLA Leave
On March 14, 2019, the U.S. Department of Labor (DOL) issued Opinion Letter FMLA2019-1-A. While most opinion letters do not come a surprise to me, this one I cannot say the same…more like a deer-in-the-headlights type of moment (I knew some of you were wondering what in the heck a deer had to do
Employer Had Legitimate, Non-Discriminatory Reason for Terminating Employee Upon Return from FMLA Leave
Employers are often surprised to learn that employees may be terminated while on (or after) Family Medical Leave Act (FMLA) or other type of protected leave. The key, however, is that there needs to be some sort of unrelated intervening event such as in the case of Naguib v. Trimark Hotel Corp. On September 12,
DOL Opinion Letter: Organ Donation Surgery Qualifies For FMLA Leave
According to Donate Life America, every 10 minutes another person is added to the waiting list for an organ. Twenty-two (22) people die each day waiting, and yet one organ/eye/tissue donor can save and heal more than 75 lives. According to the United Network for Organ Sharing, 114,370 people are currently waiting for
Employers May Freeze Attendance Points During FMLA Leave – With Caution
The U.S. Department of Labor’s August 28, 2018 Opinion Letter FMLA2018-1-A confirms that, in certain circumstances, an employer may “freeze” an employee’s attendance points during periods of Family Medical Leave Act (FMLA) leave. Attendance points are often used in a manufacturing or other settings when attendance is critical and HR needs a simple way to