March 22, 2021

Berke-Weiss Law PLLC Releases Training Video Focused on Family and Medical Leave

As we have noted recently, some changes have been afoot to expand the paltry provisions given to families facing medical and family emergencies. Some states, such as Colorado, just this year expanded state paid medical leave provisions due to the lack of any federal provisions and it is becoming old news that paid family and medical leave has the potential to improve economic outcomes for woman and alleviate employment loss for many women who have been forced out of the workforce during the pandemic.

But until Congress finds the will to expand paid family and medical leave like exists in so many other countries, nationally we are left with the Family and Medical Leave Act (FMLA) of 1993, which was supposed to be the first step in a move to expand such provisions to all Americans. Instead then-president Clinton decided to “reform” welfare and dreams of expanding the FMLA became something of a footnote in legislative history.

So much so that, according to a new survey, many managers don’t even know the basics of the FMLA. In a study that polled 453 managers about three questions pertaining to FMLA law, only 46% could name the benefits of the law and only 42% of managers knew how long leave lasted. All this despite the fact that over 70% responded that their workplaces offered FMLA-specific training. Add in state-specific programs like New York State Paid Family Leave, and employers get especially confused about what is offered, and how they work together.

If you need to brush up on FMLA and other questions pertaining to leave, including how FMLA works with New York State Paid Family Leave, we have a new training video from an event with Park Slope Parents that provides answers to many issues about family and medical leave and what you need to know.


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Employers Can Create the Future We Deserve, or Exacerbate Discrimination Against Parents - Especially Women

October 6, 2020
Gender Discrimination
Paid Family Leave
More than 865,000 women “left” the labor market in September 2020, demonstrating that the COVID pandemic is forcing women out of work. One in four women who are still in the workforce are considering downshifting their careers, or leaving the workforce entirely, due to the pressures of work and family care.Employers who are concerned about retaining their employees who are parents, especially mothers, can take some steps to ensure that parents are not forced to “choose” their families over their careers.

Employers Should Heed Doctor’s Advice When Accommodating Workers

October 6, 2020
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According to Peeples v. Clinical Support Options, Inc., No. 3:20-CV-30144-KAR, 2020 WL 5542719 (D. Mass. Sept. 16, 2020), providing the plaintiff with a mask was insufficient accommodation, holding “a majority of these so-called accommodations are workplace safety rules rather than an individualized accommodation to address Plaintiff’s disability.”

Employer-based Health Insurance on Shaky Ground

September 29, 2020
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Employer-provided health care schemes are under severe strain and those who have already been laid off have been struggling to shore up the gaps in their coverage, all during a global health crisis.

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