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Podcast: Paid Leave Trend Continues to Affect HR

While the Family and Medical Leave Act (FMLA) is celebrating its 25th anniversary this year, serious federal action regarding paid leave remains elusive. However, a growing number of states and municipalities are going beyond the FMLA to take matters into their own hands.

On this podcast, Littler employment attorney Casey Kurtz, who co-chairs the firm's Leaves of Absence and Disability Accommodation Practice Group, examines the growing trend of paid leave laws along with the key questions he receives regarding employee leave generally.

Paid sick leave laws recently were enacted in Maryland and Austin, Texas. Meanwhile, New York State now offers paid family time off, joining a list that also includes:

  • California;
  • New Jersey; and
  • Rhode Island.

Kurtz says the number one leave-related question he hears from clients involves intermittent leave and the pressure it puts on their business operations. "It's a very common and increasing issue," notes Kurtz. He points out that there is no undue hardship defense for someone who may need intermittent leave on a "regular but unpredictable basis."

According to Kurtz, another big challenge is that employers often think they can outsource their FMLA responsibilities to a third-party administrator and forget about compliance. However, he warns that this is not the case. For more leave law compliance tips, listen in to Kurtz's insights.

Additional Resources

Leave Laws by State and Municipality

Paid Sick Leave by State and Municipality

Paid Time Off Policy