Rhode Island Earned Paid Sick Leave Law Effective July 1

Effective July 1, Rhode Island employers generally must provide paid or unpaid earned sick leave to each employee, depending on employer size. The following chart summarizes the law and its requirements.

Which Employees and Employers Are Covered? All employers and paid employees.
Must an Employer Compensate Sick Leave? Yes. Employers with 18 or more employees must provide paid sick leave, while employers with fewer than 18 employees may provide unpaid sick leave.
How Much Sick Leave May an Employee Accrue and Use?
  • 24 hours in 2018
  • 32 hours in 2019
  • 40 hours in 2020
How Does an Employee Accrue Sick Leave? For every 35 hours worked or paid, employees generally accrue 1 hour of sick leave.
When Can Employees Begin Accruing and Using Sick Leave? Immediately. However, an employer may impose a 90-day waiting period on newly hired employees if they are notified of it in writing upon hire.
Which Life Events Qualify for Sick Leave?
  • Mental or physical illness, injury, or health condition.
  • A need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition.
  • A need for preventive medical care.
  • A need to care for a family member with a mental or physical illness, injury, or health condition.

Additional requirements and exceptions applyClick here to read the law and its regulations.

With regards to posting requirements, the poster associated with this law is called the Healthy and Safe Families and Workplaces Act which has already been included in our Rhode Island and Federal Combination Poster as of April 2, 2018.

New Jersey Statewide Earned Paid Sick Leave Law begins October 29, 2018

Law Preempts Local Sick Leave Ordinances

A new law will generally require New Jersey employers to provide earned paid sick leave to each employee in New Jersey beginning October 29, 2018. Notably, the law preempts all local sick leave ordinances. The following chart summarizes the law and its requirements.

Which Employees and Employers Are Covered? All employers and paid employees in New Jersey.
Must an Employer Compensate Leave? Yes. An employer generally must pay an employee for earned sick leave at the same rate of pay with the same benefits as he or she normally earns. However, an employee is generally notentitled to payment of unused earned sick leave upon termination, resignation, or retirement.
How Much Leave May an Employee Accrue and Use? 40 hours
Which Life Events Qualify for Leave?
  • Mental or physical illness or injury of an employee or his or her family member.
  • Attending certain meetings or events for a child’s education or care.

 

Additional requirements and exceptions apply. Click here to read the new law.

Maryland Releases Updated Sick and Safe Leave Poster and Model Policies Under Healthy Working Families Act

Maryland has released an updated poster and model policies regarding its sick and safe leave law, which is currently in effect. The newly updated poster will be included in our Maryland All-In-One posters beginning March 16, 2018. For customers who have already purchased 2018 Maryland posters earlier this year, you may download, print, and post this bilingual notice beside your existing poster.

Updated Poster and Model Policies
An employer must notify its employees that they are entitled to earned sick and safe leave under the law. The state has released an updated poster (in English and Spanish) for employer use. Additionally, model policies for employee handbooks or other employee benefits documents are available.

Note: These documents (as well as the FAQs discussed below) are intended to provide general guidance about the law’s requirements and may be subject to change. The state is expected to release final guidance documents in the future.

Updated FAQs and Additional Resources
The state has also released updated FAQs that address various topics (e.g., applicability, accrual, use, verification) regarding the sick and safe leave law.

Additional resources (including guidance and executive orders) are available by clicking here.

Background
Under the law, an employer with 15 or more employees generally must provide an employee with paid earned sick and safe leave, while an employer with 14 or fewer employees must (at least) provide an employee with unpaid earned sick and safe leave. The law does not apply to an employee who (among other things) regularly works less than 12 hours a week.

Originally posted by HR360

Washington Paid Sick Leave Notification Form Now Available

Originally posted by HR360

Model Notice Now Available

Washington has released an employee paid sick leave notification form (“notice”) that is compliant with the state paid sick leave rules.

Notice Requirements
Employers must provide employees with a notice regarding their rights under the sick leave law. The notice may be provided in written or electronic form, and its contents must be made readily available to all employees.

For existing employees (already working before January 1, 2018), the notice must be provided no later than March 1, 2018. For new employees (hired on or after January 1, 2018), the notice must be provided no later than the commencement of employment.

Background
An employer generally must provide each of its employees paid sick leave at the greater of the increased minimum wageor the employee’s normal wage. An employee accrues at least one hour of paid sick leave for every 40 hours workedand may use paid sick leave for certain purposes.

Click here for additional paid sick leave information and resources (e.g., sample policies and FAQs). Additional notice requirements are available by clicking here.

Maryland Healthy Working Families Act Information – Earned Sick and Safe Leave

The Maryland Healthy Working Families Act has gone into effect on February 11, 2018.

However, official and final policies and posters have not yet been completed at this time. The Maryland Department of Labor has created a draft sample employee notice that you may download, print and post in the meantime. You may access this bilingual notice by clicking HERE. This draft sample notice WILL NOT be included in our combination posters at this time as this is only a draft sample.

You may read more about this here: http://dllr.state.md.us/paidleave/

heathly-working-families

Washington Voters Approve Minimum Wage Increases and Paid Sick Leave

Minimum Wage Increases Begin January 1, 2017

Voters in Washington State have approved a ballot initiative that raises the state minimum wage and requires paid sick leave.

Minimum Wage
Under the initiative, the minimum wage will rise as follows:

  • Beginning January 1, 2017: $11.00 per hour.
  • Beginning January 1, 2018: $11.50 per hour.
  • Beginning January 1, 2019: $12.00 per hour.
  • Beginning January 1, 2020: $13.50 per hour.
  • Beginning January 1, 2021 (and each following January 1st), the minimum wage will be adjusted for inflation.

Note: An employer must pay to its employees all tips and gratuities and all service charges (except those that are itemized as not being payable to the employee(s) servicing the customer). Tips and service charges paid to an employee are in addition to (and may not count towards) the employee’s hourly minimum wage.

Paid Sick Leave
Beginning January 1, 2018, every employer must provide each of its employees paid sick leave (at the greater of the newly increased minimum wage or the employee’s normal wage). Highlights of the law are presented below:

  • An employee will accrue at least one hour of paid sick leave for every 40 hours worked.
  • An employer may provide paid sick leave in advance of accrual, provided that such front-loading meets or exceeds the requirements of the law for accrual, use, and carryover of paid sick leave.
  • An employee is authorized to use paid sick leave for (among other things) an absence resulting from the employee’s mental or physical illness, injury, or health condition, or to allow the employee to provide care for a family member with a mental or physical illness, injury, or health condition.
  • Unused paid sick leave carries over to the following year, except that an employer is not required to allow an employee to carry over paid sick leave in excess of 40 hours.
  • The initiative generally does not require an employer to provide financial or other reimbursement for accrued and unused paid sick leave to any employee upon his or her termination, resignation, retirement, or other separation from employment.

Click here to read the initiative.

ORIGINALLY POSTED BY HR360.COM

District of Columbia Accrued Sick and Safe Leave Act

Update: The District’s Accrued Sick and Safe Leave Act has been amended to clarify that employees in the building and construction industry covered by a bona fide collective bargaining agreement will be exempted from the law’s paid leave requirements only if the agreement expressly waives those requirements in clear and unambiguous terms. The amendment was enacted on April 26, 2016 and expires on July 24, 2016.

The District of Columbia’s Accrued Sick and Safe Leave Act generally requires employers to provide to each employee paid leave to be used by the employee for any of the following:

  • An absence resulting from a physical or mental illness, injury, or medical condition of the employee or of a family member.
  • An absence resulting from obtaining a professional medical diagnosis or care, or preventive medical care, for the employee or a family member.
  • An absence if the employee or the employee’s family member is a victim of stalking, domestic violence, or sexual abuse, if the absence is directly related to social or legal services pertaining to the stalking, domestic violence, or sexual abuse, in order to:
    • Seek medical attention for the employee or the employee’s family member to recover from physical or psychological injury or disability caused by domestic violence or sexual abuse;
    • Obtain services from a victim services organization;
    • Obtain psychological or other counseling;
    • Temporarily or permanently relocate;
    • Take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence or sexual abuse; or
    • Take other actions to enhance the physical, psychological, or economic health or safety of the employee or the employee’s family member or to enhance the safety of those who associate or work with the employee.

Accrual of paid leave is determined by the number of employees an employer has and the number of hours the employee works.

  • An employer with 100 or more employeesmust provide for each employee at least one hour of paid leave for every 37 hours worked (not to exceed 7 days per calendar year).
  • An employer with 25 to 99 employeesmust provide for each employee at least one hour of paid leave for every 43 hours worked (not to exceed 5 days per calendar year).
  • An employer with 24 or fewer employeesmust provide at least one hour of paid leave for every 87 hours worked (not to exceed 3 days per calendar year).

For the purposes of the bullets above, the number of employees of an employer is determined by the average monthly number of full-time equivalent employees for the prior calendar year. The average monthly number is calculated by adding the total monthly full-time equivalent employees for each month and dividing by 12.

In the case of employees who are exempt from overtime payment under the federal Fair Labor Standards Act, employees will not accrue leave for hours worked beyond a 40-hour work week.

Unused paid leave accrued in one calendar year must be carried over to the next calendar year.

Update: The District of Columbia’s Accrued Sick and Safe Leave Act has been amended. Key provisions from the amendments include the following:

  • An employeewill generally accrue paid leave at the beginning of his or her employment, and an employee may begin to access paid leave after 90 days of service with his or her employer (the law previously required employees to work for an employer for one year and work at least 1,000 hours during the year to be eligible for leave).
  • Coverage is expanded to include certain tipped employees in restaurants or bars (special rules apply to such employees).
  • Employers must retain records documenting hours worked by employees and paid leave taken by employees for a period of 3 years.
    • Note: The definition of “employer” has been expanded to include entities who directly or indirectly (including through the services of a temporary services or staffing agency or similar entity) employ or exercise control over the wages, hours, or working conditions of an employee.

The amendments are effective as of February 22, 2014. Click here for more information.

Employer Notice and Recordkeeping

Employers must conspicuously post and maintain a notice which displays excerpts and summaries of the law and contains information regarding the filing of complaints asserting violations of the law. The notice must be in English and all languages spoken by eligible employees with limited or no-English proficiency.

Employers must maintain records of the accrual, granting and denial of leave for 3 years.

For more information, please see DC Code §32-131.01 – 131.17.

Employee Notice

  • An employee must make a reasonable effort to schedule paid leave under the law in a manner that does not unduly disrupt the employer’s operations.
  • Paid leave must be provided upon the written request of an employee upon notice in the following manner:
    • The request must include a reasonfor the absence involved and the expected duration of the paid leave.
    • If the paid leave is foreseeable, the request must be provided at least 10 days, or as early as possible, in advance of the paid leave.
    • If the paid leave is unforeseeable, an oral request for paid leave must be provided prior to the start of the work shift for which the paid leave is requested.
    • In the case of an emergency, the employer must be notified prior to the start of the next work shift or within 24 hours of the onset of the emergency, whichever occurs sooner.

Originally published by HR360.com

California Updates Nondiscrimination Regulations Concerning Pregnancy and Sexual Harassment

Changes Effective April 1, 2016

The California Department of Fair Employment and Housing (DFEH) has released new final regulations, effective April 1, 2016, that address (among other things) pregnancy and sexual harassment under the state Fair Employment and Housing Act (FEHA).

Background
The FEHA prohibits harassment and discrimination in employment on the basis of certain protected classes, such as race, color, religion, disability, sex (including pregnancy, childbirth, breastfeeding, and related medical conditions). The law generally applies to employers with 5 or more employees; however, the provisions regarding harassment apply to all employers.

New Provisions
Highlights of the new regulations include the following:

  • In addition to distributing the DFEH-185 brochure on sexual harassment (or an alternative writing that complies with Government Code section 12950), a covered employer must develop aharassment, discrimination, and retaliation prevention policy that meets specific requirements (§ 11023).
  • New content standards for the abusive conduct component of the required sexual harassment training are included.
  • An employer must maintain and pay for group health coverage for an eligible female employee who takes pregnancy disability leave for the duration of the leave—not to exceed 4 months over the course of a 12-month period per pregnancy—beginning on the date the pregnancy disability leave begins, at the same level and under the same conditions that coverage would have been provided if the employee had not taken pregnancy disability leave.
  • A covered employer must post (and keep posted) notice of rights and obligations regarding pregnancy, childbirth, or related medical conditions on its premises, in conspicuous places where employees are employed. The notice must explain the FEHA’s provisions andprovide information about how to contact the DFEH to file a complaint and learn more about rights and obligations under the law.
  • If the employer publishes an employee handbook that describes other kinds of reasonable accommodation, transfers, or temporary disability leaves available to its employees, that employer must include a description of reasonable accommodation, transfer, and pregnancy disability leave in the next edition of its handbook that it publishes following adoption of the regulations. In the alternative, the employer may distribute to its employees a copy of its notice (described above) at least annually.

Employers are advised to read the regulations in their entirety for additional changes and details.

ORIGINALLY POSTED BY http://www.HR360.com