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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Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

The First Recession for Women

August 11, 2020
Gender Discrimination
There is a new feature to the pandemic-induced recession that has decimated employment, manufacturing, child care, education, and just about every other facet of life. It is women, not men who are the most greatly affected by the force of the shutdown.

New York State Human Rights Law Invoked in Sexual Harassment Arbitration Case

August 11, 2020
Sexual Harassment
A split has appeared in how to handle sexual harassment cases with a New York trial judge ruling recently that the state’s Human Rights Law prevents companies and employees from entering arbitration over sexual harassment. This contradicts an earlier ruling in New York’s Southern District where a judge ruled that arbitration under the Federal Arbitration Act (FAA) supersedes New York’s statutory prohibition against arbitration.

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