What Employers Need to Know about Caregiver Protections under the ADA, FMLA, Title VII… and in California
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By Marti Cardi, VP Product Compliance

iStock_000052530906_35187812_caregiverWith many employees living life as the “Sandwich Generation,” job protections for family caregivers are becoming ever more important.  An August 18 blog post from the US Department of Labor highlights the issue in part by taking a brief look at paid leave programs in 3 states and job protection under the Family and Medical Leave Act.

Many employers don’t realize the extent of job protections for family caregivers.  Here I will take you on a quick tour of these workplace rights.  In October I will have the pleasure of presenting this topic in depth at the annual HRSouthwest conference in Ft. Worth.  To my knowledge this will be the first presentation of its kind, addressing the many sources of protection and what employers need to do to ensure compliance.  Here is a quick summary to whet your appetite!

Family and Medical Leave ActThis is no surprise to those of you familiar with the FMLA.  This federal law provides up to 12 weeks of job protected leave of absence per leave year for an employee to care for a family member with a serious health condition.  Several states have similar laws – including California, Colorado (limited to domestic and civil union partners), Connecticut, District of Columbia (OK, that’s not a state), Hawaii, Maine, Maryland, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.  In addition, even more states have protected leaves of absence for pregnancy disability (a kind of family care, right?) and bonding.  The FMLA and most state family leave statutes also prohibit retaliation against employees who seek to exercise these leave rights.

Americans with Disabilities ActDid you know that the ADA protects employees who have family members (or other close individuals) with disabilities?  The “association provision” of the ADA prohibits employment discrimination against a person because of his or her known relationship or association with a person with a known disability.  This means that an employer is prohibited from making adverse employment decisions based on unfounded concerns about the known disability of a family member or anyone else with whom the applicant or employee has a relationship or association.  For example, an employer cannot terminate an employee because her husband (or best friend or roommate or…) has been diagnosed with cancer and the employer is concerned the employee will miss time from work to care for her husband and take him to medical treatments.

Title VII of the Civil Rights Act of 1964.  This statute is best known for its workplace protections against discrimination, harassment, and retaliation for members of protected classes (e.g., race, sex, religion, national origin).  However, there can be circumstances where, because of an employee’s protected classification, he or she is discriminated against due to caregiver responsibilities.  Here are some examples:

  • Denying a woman with young children an employment opportunity that is available to men with young children.
  • Denying a male caregiver leave to care for an infant under circumstances where such leave would be granted to a female caregiver.
  • Reassigning a woman to less desirable projects based on the assumption that, as a new mother, she will be less committed to her job.

Paid Family Benefits/Leave Laws.  A recent trend in workplace benefits is toward pay for workers who take time off to care for a family member or to bond with a new child.  California, New Jersey, and Rhode Island each mandate a pay benefit during leaves of absence taken for these reasons.  New York will join the field in 2018.  And effective January 1, 2017, San Francisco will require employers to top off the California paid parental leave benefit to equal 100% of the worker’s base salary (subject to some limitations).  Many of these laws provide paid leave benefits but not job protection during the leave; however, most employers treat the time off as job-protected and restore the employee to his/her position following the paid leave.

California Fair Employment and Housing Act.  I’ve saved the best for last.  It may be that, in California, an employer has a duty to provide an accommodation to an employee associated with an individual with a disability – not just refrain from discriminating against the employee because of the family member’s disability.  The CA FEHA provides worker protections similar to the ADA (among many other things).  One little-known FEHA provision was recently put to the test in Luis Castro-Ramirez v. Dependable Highway Express.  In this case the California court of appeals ruled that an employee with a son who required dialysis on a scheduled basis was entitled to an accommodation under FEHA to meet his son’s dialysis needs.  The ruling was based on the language of the statute which defined a physical disability to include an employee who is associated with a person who has, or is perceived to have, a physical disability.  Examples include, as in this case, time off from work to provide required medical care or transportation to appointments.

More to comeStay tuned here for more information as Matrix develops further information on protections for employees who are family member caregivers.  Let me know if you have questions or ideas that you would like to have addressed.  This is an important topic for a sizable portion of the US workforce.  We want to help keep you on the cutting edge.

My topic at the HRSouthwest conference will be “Employers: Beware of Caregiver Protections!” Tuesday, 10/18/2016 1:30pm – 3:00pm.  Please join me!

MATRIX CAN HELP!  Matrix provides leave, disability, and accommodation management services to employers seeking a comprehensive and compliant solution to these complex employer obligations. We monitor the many leave laws being passed around the country and specialize in understanding how they work together. For leave management and accommodation assistance, contact us at ping@matrixcos.com.

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Lowe’s to pay $8.6 million in yet another EEOC case involving inflexible leave policies
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By Marti Cardi, VP-Product Compliance & Gail Cohen, Director, Compliance & Employment LawCartoon Animal Eyes Under Big Stone

Employers, if you haven’t fixed this issue yet, get out from under that rock!

If an employee with a disability exhausts leave time provided by company policy or by a law such as the FMLA, you have two obligations.

First, consider even more leave as a reasonable accommodation. 

Second, consider reasonable workplace accommodations to allow the employee to return to work

It’s that simple.

As announced by the EEOC on May 13, 2016, home improvement giant Lowe’s has agreed to pay $8,600,000 to affected employees as part of a consent decree entered into with the EEOC in a federal district court in California. The EEOC claims that Lowe’s violated the ADA by terminating employees with a disability after failing to provide them reason­able accommodations when their medical leaves of absence exceeded Lowe’s 180-day (and, subsequently, 240-day) maximum leave policy.

And it’s not just about the money.  The consent decree agreed to by Lowe’s in this case includes some very typical additional requirements, all enforceable by court order.  The four-year consent decree settling the suit requires that Lowe’s:

  • Retain a consultant with ADA experience to review and revise company policies as appro­priate;
  • Implement effective training for both supervisors and staff on the ADA;
  • Develop a centralized tracking system for employee requests for accommoda­tion;
  • Maintain an accommodation log;
  • Post documentation in its workplaces related to the settlement; and
  • Submit regular reports to the EEOC verifying compliance with the decree.

Thus, Lowe’s ends up not only paying the agreed-upon amount of damages, but also incurs significant expenses (for example, attorneys’ fees) and business disruptions during the EEOC’s investigation and in complying with the terms of the consent decree for four years.

Two types of policies are on the EEOC’s radar.  An employer’s obligation to provide more leave than offered by company policies or required by law has received much recent attention.  Why, just this month the EEOC released a new Resource Document entitled Employer-Provided Leave and the Americans with Disabilities Act.  While the Resource Document did not break any new ground (no, the EEOC still won’t say how long a leave can be before it becomes an unreasonable accommodation), it does pull together in one handy place all existing EEOC guidance on the issue, including assessment of extra leave as an undue hardship.  Our blog post on the Resource Document can be found here.  Meantime, the EEOC is focusing on the following:

Maximum or inflexible leave policies (sometimes referred to as “no fault” leave policies) take many different forms.  A common policy, especially for entities covered by the FMLA, is a flat limit of 12 weeks for both continuous and intermittent leave.  Some employers not covered by the FMLA set lower overall caps. Others tie the maximum leave to the duration of short-term disability benefits.  Any inflexible cap may result in an ADA violation because it does not allow for the interactive process and individualized consideration of whether additional leave or some other reasonable accommodation will enable the employee to return to work.

100% recovered or healed policies are those that require an employee with a disability to have no medical restrictions – that is, be “100%” healed or recovered – before returning to work.  These also have huge potential to violate the ADA because the employer does not engage in the interactive process to discover whether the employee can perform essential functions with on-the-job reasonable accommodation(s).

Lots of companies got it wrong in the past.  Many employers have been the subject of EEOC investigations and, ultimately, a pricey consent decree.  Here are some of the bigger-ticket resolutions:

Company Date Amount Policy /Practice in Violation of ADA
Lowe’s 2016 $8.6 million Terminating employees whose need for medical leaves of absence exceeded Lowe’s maximum leave policy (180 days, subsequently 240 days)
Pactiv LLC 2015 $1.7 million Assessing attendance points for medically-related absences; not allowing use of intermittent leave or extension of a leave of absence as an ADA reasonable accommodation
Princeton HealthCare System 2014 $1.35 million Limiting medical leave of absence to maximum of 12 weeks:

  • employees FMLA-eligible terminated after 12 weeks\
  • employees not FMLA-eligible terminated after short absence

Requiring certification of 100% recovery upon return to work rather than considering return to work with a reasonable ADA accommodation

Dillard’s 2012 $2.0 million
  • Maximum-leave policy limiting the amount of medical leave an employee could take
  • Policy requiring all employees to disclose personal and confidential medical information in order to be approved for sick leave
Interstate Distributor Co. 2012 $4.85 million
  • Limiting medical leave of absence to maximum of 12 weeks
  • Requiring certification of 100% recovery upon return to work rather than considering return to work with a reasonable ADA accommodation
 Verizon Communications   2011  $20 million Failing to make exceptions to “no fault” attendance plans for individuals with disabilities as an ADA accommodation
 Supervalu, Inc., Jewel Food Stores, Inc. etc.  2011  $3.2 million Terminating employees with disabilities who were not 100% recovered at the end of medical leaves of absence rather than considering return to work with a reasonable ADA accommodation
 Sears, Roebuck and Co.  2009  $6.2 million Terminating employees following exhaustion of workers’ compensation leave without engaging in the interactive accommodation process to consider workplace accommodations or leave extension as an accommodation

PINGPings for employers:  We provided pointers for employers in our last blog post so we won’t repeat, but given the size of the potential price tag we suggest that you go back and read again.

MATRIX CAN HELP! Matrix’s ADA Advantage leave management system and our dedicated ADA accommodation team helps employers maneuver through the accommodation process – including spotting noncompliant leave policies during implementation of our services.  We will initiate an ADA claim for your employee, conduct the medical intake and analysis if needed, manage the interactive process, assist in identifying reasonable accommodations, document the process, and more.  Contact Matrix at 1-800-866-2301 to learn more about these services.

 

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Illinois Passes Child Bereavement Leave Act – Second after Oregon to provide bereavement leave
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By Marti Cardi, Vice President – Product Compliance

Illinois has passed a law to provide job-protected bereavement leave upon the death of an employee’s child.  The law became effective on July 29, 2016, when it was signed by Illinois governor Bruce Rauner.

The new law provides up to 2 weeks of leave upon the loss of a child.  Many of the parameters of the leave incorporate or mirror the federal Family and Medical Leave Act.  Here are the main provisions of the new law:

Definition of “child”:  Biological, adopted, or foster child, stepchild, legal ward, or the child of a person standing in loco parentis. This mirrors the definition of “son or daughter” under the FMLA, except it does not contain the limitation that the child must be under the age of 18.

Eligible employees:  As defined by FMLA; currently, employees with 12 months of service and 1250 hours worked in the 12 months prior to the leave, and who work at a site with 50 or more employees within 75 miles.

Covered employers:  As defined by FMLA; currently, employers with 50 or more employees.

Length of leave:  2 weeks (10 working days).  The leave must be completed within 60 days after the employee receives notice of the child’s death.  In the event of the death of more than one child, the employee may take up to 6 weeks of bereavement during a 12-month period.

Relationship with FMLA:  Time off under the Illinois bereavement law does not count toward an employee’s FMLA usage because it is not a covered leave reason. However, the law specifies that an employee is not entitled to more unpaid leave than is provided by the FMLA.  This means that if an employee has already used 12 weeks of FMLA in a leave year, the employee will not thereafter be able to take bereavement leave under the act.  On the other hand, if an employee first takes time off under the Illinois bereavement law, the employee will still have his/her full 12 weeks of FMLA (less any time previously used in the leave year) because the bereavement leave cannot reduce an employee’s FMLA leave entitlement.

Reasons for leave:  Bereavement leave may be used to:

  • Attend a funeral (or funeral alternative) of the child;
  • Make arrangements necessitated by the death of the child; or
  • Grieve the death of the child.

Employee notice:  The employee must provide at least 48 hours’ advance notice of intent to take bereavement leave, unless such notice is not reasonable and practicable. 

Documentation:  The employer can require reasonable documentation, such as a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency.

Use of other leave rights:  The employee may elect to substitute other leave rights for the bereavement leave (e.g., PTO, sick time, vacation, etc.).  This would enable the employee to receive pay for the time off.

Other employment protections:  The Act prohibits the employer from taking adverse action (such as termination) or retaliating against an employee for taking or attempting to take bereavement leave or for supporting the exercise of rights by another employee.

Enforcement:  The Illinois Department of Labor has authority to receive complaints and to enforce the new law.  An employee may also file a civil action directly in court without first complaining to the Illinois DOL.

Efforts to pass a federal bereavement leave law
The FMLA does not provide leave for bereavement following the loss of a family member.   In recent years there have been efforts to expand FMLA leave rights to include time off for bereavement due to the death of a child.  Most notably, the Parental Bereavement Act was introduced in Congress in the summer of 2011, due to the efforts of two fathers who lost children. The law was reintroduced in 2013 and 2015, so far with no success.

Oregon’s family member bereavement leave
The state of Oregon added family bereavement as a leave reason under the Oregon Family Leave Act (OFLA) effective January 1, 2014.  This law is broader than the new Illinois law, in that it provides leave due to the death of a wide array of family members:  spouse, domestic or civil partner, child (broadly defined as in FMLA), parent, grandparent, grandchild, or parent-in-law.

Otherwise, the Oregon law is very similar to the new Illinois law.  The OFLA bereavement leave reasons are identical to the Illinois leave reasons outlined above.  OFLA provides up to 2 weeks of bereavement leave per family member death in a 12-month period, up to the total available OFLA leave (12 weeks less any time used for other purposes within the 12 months).  The leave must be completed within 60 days of notice of the death.

MATRIX CAN HELPMatrix Absence Management is prepared to manage the new Illinois child bereavement leave law.  Matrix provides leave, disability, and accommodation management services to employers seeking a comprehensive and compliant solution to these complex employer obligations. We monitor the many leave laws being passed around the country and specialize in understanding how they work together. For leave management and accommodation assistance, contact us at ping@matrixcos.com.

 

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Light Summer Reading from the Department of Labor
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By Marti Cardi, VP-Product Compliance
Back in April the U.S. Department of Labor unveiled its new Employer’s Guide to the Family and Medical Leave Act.  (Our report is here.) The Guide was released to coincide with the annual FMLA/ADA Employer Compliance Conference hosted by Disability Management Employer Coalition in Pittsburgh.  Helen Applewhaite, FMLA Branch Chief for the DOL, announced the Guide to attendees in opening remarks. Then Ms. Applewhaite and I co-presented on some tough FMLA issues (2nd/3rd opinions, anyone?), and presented parts of the Guide as a resource for employers.

Now the DOL has released a blog post, “What Employers Need to Know About the Family and Medical Leave Act,” more formally introducing the Employer’s Guide to the rest of the employer community.  The post has a short introductory video and a link to download or order copies of the Guide.  It also has links to the Matrix blog post and my friend Jeff Nowak’s blog announcing the introduction of the Employer’s Guide at the DMEC conference.  Thanks to the DOL for the nod!

If you haven’t yet reviewed the Employer’s Guide, you should.  It doesn’t answer all the difficult FMLA questions we encounter, but it does provide an easy-to-read, non-legal resource for employers.

While you’re at it, also take a look at the Family and Medical Leave Act Employee Guide.  This concise booklet can serve as a great training and reference tool for your employees.  What do I like about it?  The Employee Guide doesn’t just explain employee leave rights under the FMLA; it also advises employees of their obligations if they want to benefit from FMLA leave.  FMLA is a two-way street, with both parties – employer and employee – having rights and obligations.

Happy beach reading!

Matrix Can Help!  Even with the new Employer’s Guide, managing FMLA leave remains a tricky and complicated business.  Add various state leave laws, the Americans with Disabilities Act, worker’s compensation and company policies, and you have a perfect storm of challenging employee rights. At Matrix we are experts in these state and federal laws. We specialize in understanding how they work together and in monitoring developments so you don’t have to. For leave management and accommodation assistance, contact us at ping@matrixcos.com.

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Breaking news! Matrix’s new experience data provides the first clear snapshot of employers’ ADA exposure
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By Marti Cardi, VP-Product Compliance

I am proud to announce that Matrix has unveiled the first credible benchmarking and data analysis of employer experiences related to the Americans with Disabilities Act (ADA). The data is important for three reasons:

  • As a way to benchmark the experience of specific employers who manage ADA leave and accommodation requests
  • As a means of assessing the potential exposure of those who don’t
  • As an illustration of the reach of ADA, including the expansive Amendment Act (ADAAA) of 2008.

“Matrix is unique in the market with comprehensive, statistically validated data and the expertise to recommend policy and practice,” Ken Cope, president of Matrix, said. “While ADA compliance is among the fastest growing concerns of employers across the board, there is precious little objective information and guidance on how to navigate the legal, operational and productivity implications. Our early leadership has created the industry’s first body of knowledge from which employers can anticipate, model and improve their organizations’ management of ADA issues.”

The statistical analysis is based on a review of more than 4,300 accommodation requests collected over a time period of at least 12 months from employers representing a universe of 120,000 employees. Matrix will continue to expand this data as we manage ADA accommodations for our ever-increasing slate of clients over time.

“A-hah!” findings Previous Matrix research revealed two of three responding employers did not even track ADA accommodation requests. The new data underscores not only the status of ADA compliance, but the scope of the challenge itself.

Some of the insights provided by the new Matrix benchmark analysis include:

  • Accommodation request incidence per 100 employees, by age, gender and work status (e.g. exempt or non-exempt)
  • Accommodation request types, leave vs workplace accommodations
  • Accommodation request outcomes
  • Correlation with other types of employee absences, e.g. FMLA, workers’ compensation, disability

According to Cope, one of the most valuable things we learned is that employee disability incidence is consistently being understated. Statistics show that approximately one in five individuals have a “disability” covered by the ADA – but employer experience showed far fewer employees requesting workplace accommodations.  Without a good system to receive accommodation requests and manage the interactive process, employers are overlooking many employees with disabilities and inviting the scrutiny of the ADA enforcement watchdog, the EEOC. In addition, fully half – 52 percent – of all accommodation requests are unrelated to employee leave, meaning any platform or management approach that addresses only leaves is missing the boat, and potentially doing more harm than good.

During the relatively short time data has been collected and analyzed, a key metric has changed, according to Cope: “In the very beginning we counted accommodation requests as the primary indicator of volume and organizational impact,” he said. “We quickly found out a more meaningful metric is ‘events,’ the precipitating cause of an accommodation, which often results in multiple requests, both leave and workplace-related. This was an early ‘a-hah!” moment,’” he said.

Highlights of the Matrix analysis and copies of the company’s whitepaper, ADA Accommodation Data: An Inaugural Benchmark Analysis, will be available at the Disability Management Employer Coalition (DMEC) annual conference in New Orleans July 18-21.

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No Bones About It – Donor Leave Laws Continue to Increase
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Wisconsin Supports Its Donor Employees

By Marti Cardi, VP-Product Compliance & Gail Cohen, Director, Compliance & Employment Law

RG with donor cardNext week Wisconsin joins the growing list of states with laws mandating leave of absence for employees to donate organs, bone marrow, blood, and other types of human tissue.

The state’s Bone Marrow and Organ Donation Leave law goes into effect on July 1, 2016.   Here is a summary of the law’s significant provisions.

(Also: see our handy state donor leaves chart below.)

New Wisconsin Donor Leave Law: Significant Provisions

Covered Employers 50 or more permanent employees
Eligible Employees •  More than 52 consecutive weeks of service and
•  At least 1,000 hours worked in the previous 52 weeks
Leave Reasons To serve as a bone marrow or organ donor
Leave Entitlement Up to 6 weeks in a 12-month period
Leave Year Calculation Measured forward from first date of donor leave
Paid/Unpaid Donor leave is unpaid; but employee may choose to substitute available paid leave
Interaction with Wisconsin Family /Medical Leave Act Not specified but appears to be a separate leave right in addition to leave rights under the WI FMLA.

 

Analysis:   This is a new leave law, not just an additional leave reason under the WI FMLA. This suggests legislative intent for this leave to be independent of, and in addition to, any leave right the employee may have under the WFLA.  Our discussion with a representative of the Wisconsin Department of Workforce Development (DWD) supports this interpretation.

Employee Notice Advance notice in a “reasonable and practicable manner”

•  No requirement that notice be in writing

Scheduling Employee must make a reasonable effort to schedule procedure so that it does not unduly disrupt employer’s operations

•  But scheduling is subject to approval of donee’s provider

Certification Employer may require a certification from donee’s or employee’s health care provider:

•  That the donee has a serious health condition that necessitates a bone marrow or organ transplant;

•  That the employee is eligible for and has agreed to serve as a bone marrow or organ donor for the donee; and

•  The amount of expected leave time for the procedure and employee’s recovery

Restoration Rights Upon Return from Leave Restoration to:

•  Employee’s previous position if vacant; or

•  A position equivalent in terms of compensation, benefits, shifts, hours of employment and other terms and conditions of employment

Group Health Insurance Coverage Employer required to maintain coverage during leave under the same conditions that applied before leave
Nondiscrimination Employees who request, or take, WI bone marrow and organ donation leave are protected from discharge and other adverse employment actions based on their exercise of leave rights
Discrimination Complaints Must be filed with the DWD within 30 days after the violation occurs
Civil Right of Action Private right of action within 60 days after completion of the administrative process before the DWD, but no later than 12 months after the violation occurred
Employer posting requirements Employers must post in one or more conspicuous places where employee notices are customarily posted:

•  All employers:  a notice, to be created by the DWD, of the employee’s rights

•  Employers with 25 or more employees: a copy of the employer’s policy regarding donor leave

Note:  These posting requirements seem at odds with the fact that the law only applies to employers with 50 or more permanent employees.

States with Donor Leaves

Wisconsin joins a number of other states with bone marrow and organ donation leave laws. Here is a snapshot of the states with such laws for private employers.

State Employee Eligibility Covered Employers Leave Reasons Length /Frequency of Leave Paid/
Unpaid
Arkansas

Ark. Code Annot. §11-3-205, et. seq

 

All employees All employers Bone marrow or organ donation Up to 90 days Unpaid (but state tax credit available for employers who provide paid leave)
California

Cal. Lab. Code § 1508 et seq.

90 days of service 15 or more employees Bone marrow or organ donation •  Organ donation:  up to 30 business days
•  Bone marrow donation: up to 5 business days
•  In a 12-month period.
Paid, but employer can require employees to substitute up to 2 weeks of paid leave benefits (employer pays remainder).
Connecticut

C.G.S. §31-51ll(a)(2)(E)

•  12 months of service
•  1000 hours of service during that 12 month period
75 or more employees Organ or bone marrow donation 16 workweeks in a 24-month period
•  Shared with other leave reasons under CT FMLA
Unpaid

•  Employer may require, or employee may elect, to substitute accrued paid leave benefits

Hawaii

H.S.A. §398a-3

20 or more hours per week 20 or more employees Donation of bone marrow, peripheral stem cells, or organ •  Organ donation:  up to 30 days
•  Bone marrow or peripheral stem cells:  up to 7 days
Unpaid

•  Employers can require employees to use up to 2 weeks (organ donation) or 3 days (other donation) of sick or other time off during donor leave

Illinois

820 ILCS 149

6 months of employment 51 or more employees Blood donation 1 hour every 56 days Paid
Louisiana Louisiana Rev. Stats. §40: 1299.124

 

 

 

20 or more hours per week

 

 

20 or more employees at one location Bone marrow donation Up to 40 hours Paid
Maine

26  M.R.S.A.
§§843, 844

12 consecutive months of employment 15 or more employees at one location Organ donation Up to 10 weeks every 2 years
•  Shared with other leave reasons under ME FMLR
Unpaid
Minnesota

M.S.A. §181.945

20 or more hours per week 20 or more employees at one location Bone marrow donation Up to 40 hours Paid
New York

NY Labor Law §202-a

 

20 or more hours per week 20 or more employees at one location Blood or bone marrow donation •  Blood donation:  3 hours
•  Bone marrow donation: 24 hours
Unpaid
Oregon

Ore. Rev. Stat. §659A.312

 

20 or more hours per week All Bone marrow donation Amount of paid time off employee has accrued or 40 hours, whichever is less Employee required to use his or her accrued paid leave
South Carolina

SC §44-43-80

 

20 or more hours per week 20 or more employees at one location Bone marrow donation Up to 40 hours Paid
Wisconsin

Wisc. Stat. §103.11

•  More than 52 consecutive weeks of service and
•  At least 1,000 hours worked in the previous 52 weeks
50 or more permanent employees Bone marrow or organ donation Up to 6 weeks in a 12-month period Unpaid
•  Employee may choose to substitute available paid leave

And finally, Nebraska – in an abundance of employee support – “encourages” employers to grant paid leaves of absence to employees who seek to undergo a medical procedure to donate bone marrow.  Neb. Rev. Stat. §71-4820.

MATRIX CAN HELPMatrix Absence Management will be ready to manage the new Wisconsin donor leave law effective July 1.  Matrix provides leave, disability, and accommodation management services to employers seeking a comprehensive and compliant solution to these complex employer obligations. We monitor the many leave laws being passed around the country and will post periodic updates in this blog.  In addition, our clients receive Matrix’s monthly Legislative Update, which pulls together developments in the world of leave laws and accommodations in a concise and timely format.  With the passage of each new leave law Matrix assesses employer needs and industry demands to determine whether administration of the new law should be added to Matrix’s suite of services.

Contact Matrix at 1-800-866-2301 to learn more about our services for complete management of leaves of absence, disability plans (state and private), and ADA accommodations, including leave.

 

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