Burlington County jail employees reasonably suspected of abusing sick leave were required, pursuant to the collective bargaining agreement, to submit doctors’ notes regarding each exercise of intermittent family leave within seven days. Police Benevolent Assoc. Local No. 249 v. County of Burlington, 2013 WL 173793 (App. Div., Jan. 17, 2013). One employee on the “sick leave abuse list” took intermittent leave under the Family and Medical Leave Act (FMLA) to care for his son, and was disciplined after he failed to provide a doctor’s note. According to the Appellate Division, requiring recertification by a doctor for each exercise of intermittent leave interferes with the exercise of FMLA rights, particularly absent prior abuse of intermittent leave for the condition at issue (son-related). The Appellate Division differentiated the doctor’s note requirement in this matter from a lawful “call-in” requirement, indicating that “such a requirement is patently less onerous than requiring a doctor’s recertification for each use of [intermittent leave] that has already been approved on the basis of a doctor’s certification.”
Today, the U.S. House of Representatives voted 241-185 to pass H.R. 800, the misnamed “Employee Free Choice Act (EFCA) of 2007.” With its passage by the House, organized labor’s efforts to overhaul the Nation’s labor laws cleared its first legislative hurdle. The bill now goes to the U.S. Senate that will take up either the House-passed bill or a companion bill to be introduced by Senate Health, Education, Labor and Pensions Committee Chairman Edward Kennedy (D-MA).
Bill Introduced to Require Contractors and Subcontractors Engaged in a Public Works Contract Subject to Prevailing Wage Requirements to Provide More Specific Wage Information
On January 10, 2012, a bill was introduced (A1420) that would require contractors and subcontractors engaged in any public works contract subject to prevailing wage requirements to keep wage records not only showing the name, craft or trade, and the actual hourly rate of wages paid to each worker employed by the contractor under the
On May 6, 2020, Governor Gavin Newsom of California issued Executive Order (EO) N-62-20, creating a temporary rebuttable presumption that employees working outside of their homes who test positive for COVID-19, the disease caused by SARS-CoV-2, may receive workers’ compensation benefits. In doing so, the governor simplified the process for sick employees to seek certain wage replacement benefits, and therefore sought to encourage ill employees to stay home to reduce the spread of COVID-19.