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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In an Uncommon Move, McDonald’s Sues Former CEO

August 20, 2020
Sexual Harassment
It’s not every day that a blue chip company decides to sue a former executive, let alone its erstwhile CEO, but this is exactly what McDonald’s did by suing Steve Easterbrook, who had been fired last year for inappropriate conduct, specifically, sexting with an employee.

The Art of the Doctor’s Note

August 19, 2020
Pregnancy Discrimination
We’ve all needed one at some point –– a doctor’s note explaining that we’re out for the count on some otherwise necessary aspect of work or school, at least temporarily. Many people are realizing that because of COVID, they don’t feel safe at work due to a disability, and need to modify their pre-pandemic job to accommodate this new reality. In this type of situation, what do you ask your doctor for? What does such a note need to include to help you successfully advocate for your rights?

The Week in FFCRA Cases: Judge Invalidates DOL Implementation, Expanding Eligibility

August 18, 2020
Disability Discrimination
Leave
The complaints we found relevant this week are eerily similar—parents who need to take care of their children, some of whom are immunocompromised, are being denied telework or leave or are being terminated. Further, we are continuing to see plaintiffs who voice concerns to their employers about workplace safety being terminated after doing so.

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