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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The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

August 10, 2020
Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

The Berke-Weiss Law Weekly Roundup: Black Pregnancy in New York City and School Reopening Reversals

August 10, 2020
Race Discrimination
Pregnancy Discrimination
We’re now a week into the expiration of the enhanced unemployment benefits of the CARES Act and the news is not good. Congress and the White House remain at least a trillion of dollars apart on a new deal, with the Senate GOP split, though their prized bit of the CARES Act, the corporate bailout, did not have an expiration date, unlike those parts aimed at protecting workers, such as the PUA and eviction moratoriums. Thus, with depressing predictability, there were a spate of alarming stories this week echoing the fears that tenant unions and activists have been voicing for months: by ending employment relief we are hurtling toward a cliff, over which lies massive, nationwide evictions.

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
Leave
Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

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