Statutory Leaves

Criticism

"Criticism" has a negative connotation but I welcome it. PFML template for handbook; request form; process template If it makes sense to me, I welcome it. If it doesn't make sense, I ask follow up questions so I ca understand the rationale, and see if there is an latenrative 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

New York Amazon locations

"New York area"

New York Paid Family Leave Benefits How to request PFL

(1) An employee wishing to make a claim for PFL must complete the Request for Paid Family Leave (Form PFL-1) or give notice of a claim in another format designated by the carrier or self-insured employer, including using an electronic portal or by telephone. (2) Once the employer receives a request for PFL from an employee, it must complete the employer information contained in Part B of the Form PFL-1, or any other format designated by the carrier or self-insured employer, and return it to the employee within three business days. (3) The employee must submit the completed request for PFL together with the information supplied by the employer, and with any necessary certifications or proof of claim documentation, medical or otherwise, to the carrier or designated third-party administrator. (4) The employee must submit proof of the need for PFL to the employer within 30 days of the commencement of leave. Additional proof must be furnished thereafter from time to time as the employer may require but not more often than once per week.

Which states needs to provide pregnancy accommodations? What are some examples of pregnancy accommodations?

(1) California (2) Washington (3) New Jersey (4) New York Modifying work practices or policies;Modifying work duties;Modifying work schedules;Providing furniture (e.g., stools or chairs) or modifying equipment or devices; andProviding a reasonable amount of break time and location to express milk. In some circumstances, lactation could require a job transfer to a different position or less stressful job (if medically advisable even if the employee is not disabled by pregnancy) or other reasonable accommodation if it is disabling.

How to bring back workplace

(1) Check federal (OSHA), state, local requirements for jurisdiction as well as industry; check persuasive authority (CDC) and design policy, addressing who will return, when, and under what conditions. This is rapidly changing and so you want to check and re-check. The largest issue is "under what conditions"? - Who will return first, and why? Must use objective criteria. Cannot bar high-risk employees. - What gatekeeping tactics will you use before allowing them to return? COVID-19 tests ? Temp checks? Before returning? Weekly? Daily? - What policies will you institute for safety? Guards? Masks? What will be legally required to do, and what will you institute on your own? (2) Poll the workforce regarding comfortableness in returning to work - elicit information about protections without directly asking. (3) Prepare for leave use. Emergency leaves - paid sick leave, family/medical leave. Make sure you are prepared to handle, you have a procedure in place. (4) Prepare for EEs not to want to return and find out why.

How to Manage a Generic Leave

(1) Determine if you are a covered employer. (2) Employee provides notice of need for leave (3) Determine if employee is eligible (4) Determine if employee has available leave in bank (5) Notify employee of leave eligibility, rights & responsibilities (6) Request certification (7) Designate leave - what law covers, duration, and timing (8) Notify employee how to continue benefits during leave (9) Track leave (10) Reinstate employee https://www.shrm.org/resourcesandtools/tools-and-samples/how-to-guides/pages/californiamanagingpregnancyleave.aspx

California Family Rights Act (CFRA) Reasons for Leave

(1) EE's serious health condition (excluding pregnancy disability, which is covered by a different law); (2) To care for a child, parent, spouse, registered domestic partner, or registered domestic partner's child with a serious health condition; or, (3) For the birth/adoption/placement of a child.

New Jersey Statutory Leaves

(1) Family Leave (2) Paid Sick and Safe Leave (3) Jury Duty Leave (4) Domestic or Sexual Violence Victim Leave (5) Military Leave (6) Emergency Responder Leave

California Paid Sick Leave Reasons for leave

(1) For employee's own health condition; (2) For employee spouse, domestic partner, parent, child, parent-in-law, grandparent, grandchild, or sibling's health condition; (3) If employee is a victim of domestic violence, sexual assault, or stalking.

New York Paid Sick Leave Reasons for Leave

(1) Mental or physical illness of the employee or an employee's family member, regardless of whether there is a diagnosis; (2) For diagnosis, car, or treatment of a mental or physical illness, or preventative care of the employee or employee's family; or, (3) Conditions of domestic violence, sexual offense, stalking, or human trafficking affecting the employee, or the employee's family, and if the leave is necessary to obtain crisis services, participate in safety planning, relocation, or meetings with social services, file a complaint or meet with prosecutors, or enroll children in a new school.

California New Parent Leave Act (NPLA) Employer notice/poster requirements

(1) Must have handbook provision if covered. (2) Notice in conspicuous location. (3) Notices to new employees (ecnouraged)

List of all New York Statutory Leaves

(1) Pregnancy Accommodation (2) Accommodations for Victims of Domestic Violence, Sex Offenses, or Stalking (3) Adoption Leave (4) Military Spouse - during leave from deployment, leave for spouse () Blood Donor Leave () Bone Marrow Donor Leave () Crime Victim Leave - Eligible employees may take time off from work to comply with a subpoena () Jury Duty Leave () Time Off to Vote () Mandatory Time Off/Day of Rest - Under New York law, employers operating a factory, mercantile establishment, hotel, restaurant, theater or elevator (with limited exceptions) are required to allow employees at least 24 consecutive hours of rest in any calendar week. () Military Leave - This applies to military service for the state of New York (i.e. USERRA does not protect National Guard members performing state service for riots, floods, tornadoes and other natural disasters). () Emergency Responder Leave (14) Paid Family Leave Benefits (15) Domestic Violence Victim Leave (16) Paid Sick and Safe Time (NYC) (17) Paid Sick Leave (Westchester County)

California Family Rights Act (CFRA) Eligible employees

(1) Worked for the employer for at least 12 months (non-consecutive); (2) Worked 1,250 hours during the 12-month period before the commencement of the leave (PTO/leave does not count towards this); (3) Worked at a location with at least 50 employees within 75 miles of the worksite (measured by surface road miles, not as the crow flies). Different eligibility requirements for airline employees.

New York Paid Family Leave Reasons for leave

(1) to care for a family member (child, parent, grandparent, grandchild, spouse or domestic partner) with a serious health condition; (2) to bond with a new child; and, (3) to assist with obligations that arise when a spouse, domestic partner, child or parent is called into active military service ("qualifying exigency" as defined by FMLA) PFL may not be taken for the employee's own disability or health condition. Employees taking PFL to care for a family member with a serious health condition must be present at the same location as the family member or engaged in reasonable travel related to providing care during the majority of the leave period. Employees cannot use for own serious health condition Can be used to care for a child of any age (FMLA - Can only be used to care for a child if the child is under 18 years old, or "incapable of self-care because of a mental or physical disability")

Amazon's California locations (12)

- Cupertino - Irvine - Manhattan Beach - Palo Alto - San Diego Paid Sick and Safe Time - San Francisco Paid Sick and Safe Leave - SF Bay Area (Berkeley and Oakland have different paid sick leaves) - San Luis Obispo - Santa Cruz - Santa Barbara - Santa Monica - Sunnyvale

How to handle EE scared to return to work

- Listen to the employee to understand their concerns. What are their specific concerns? Are they reasonable? - Employers should consider whether it already has addressed those concerns or if additional steps are needed. - An employer usually can discipline workers for violating its attendance policy. Putting hesitant employees on leave may be a better choice than firing them. If an employer permits employees to use vacation or PTO [paid time off] for leave, it may soon find itself without a workforce sufficient to maintain operations. Therefore, an employer may want to rely upon the terms of its existing time-off policy, which typically requires approval to use vacation or PTO, to require that leave for this reason be unpaid. OSHA - Employees can refuse to work if they reasonably believe they are in imminent danger, according to the Occupational Safety and Health (OSH) Act. They must have a reasonable belief that there is a threat of death or serious physical harm likely to occur immediately or within a short period for this protection to apply. Samuel explained that an employee can refuse to come to work if: The employee has a specific fear of infection that is based on fact—not just a generalized fear of contracting COVID-19 infection in the workplace. The employer cannot address the employee's specific fear in a manner designed to ensure a safe working environment. NLRA - The National Labor Relations Act (NLRA) grants employees at unionized and nonunionized employers the right to join together to engage in protected concerted activity. Employees who assert such rights, including by joining together to refuse to work in unsafe conditions, are generally protected from discipline, Samuel noted. "That said, the refusal must be reasonable and based on a good-faith belief that working conditions are unsafe," said Bret Cohen, an attorney with Nelson Mullins in Boston. ADA - Employers should accommodate employees who request altered worksite arrangements, remote work or time off from work due to underlying medical conditions that may put them at greater risk from COVID-19, Samuel said. The EEOC's guidance on COVID-19 and the Americans with Disabilities Act (ADA) notes that accommodations may include changes to the work environment to reduce contact with others, such as using Plexiglas separators or other barriers between workstations. The Age Discrimination in Employment Act, unlike the ADA, does not have a reasonable-accommodation requirement, pointed out Isaac Mamaysky, an attorney with Potomac Law Group in New York City. Nonetheless, he "would encourage employers to be flexible in response to leave requests from vulnerable employees," such as older essential workers, as the right thing to do and to bolster employee relations. FFCRA or state specific leave - If a health care provider advises an employee to self-quarantine because the employee is particularly vulnerable to COVID-19, the employee may be eligible for paid sick leave under the Families First Coronavirus Response Act (FFCRA), Cohen noted. The FFCRA applies to employers with fewer than 500 employees, and the quarantine must prevent the employee from working or teleworking. FFCRA regulations permit employers to require documentation for paid sick leave, noted John Hargrove, an attorney with Bradley in Birmingham, Ala. Employers may relax documentation requirements due to the difficulty some employees could have obtaining access to medical providers during the pandemic and to encourage ill employees to stay away from work, said Pankit Doshi, an attorney with McDermott Will & Emery in San Francisco. Hazard Pay - Although not currently mandated by federal law, hazard pay—extra pay for doing dangerous work—might be appropriate for an employer to offer to essential workers, McGinnis said. If hazard pay is offered, similarly situated employees should be treated the same, he said. Otherwise, the employer risks facing a discrimination claim. Andrew Turnbull, an attorney with Morrison & Foerster in McLean, Va., noted that companies with multistate operations may have legitimate reasons for offering hazard pay to employees working at locations with a high risk of exposure and not where the risk is minimal. Hazard pay might be a good choice for public-facing jobs, where employees may not be able to observe social distancing, said Román Hernández, an attorney with Troutman Sanders in Portland, Ore. Some localities require hazard pay in some circumstances, Doshi noted. These localities include Augusta, Ga., Birmingham, Ala., and Kanawha County, W.Va. Inform and protect - Lindsay Ryan, an attorney with Polsinelli in Los Angeles, said that employers should keep employees apprised of all measures the employer is taking to maintain a safe workplace, consistent with guidance from the U.S. Centers for Disease Control and Prevention (CDC), the Occupational Safety and Health Administration, and local health authorities. If employers have the means to do so, they should screen employees each day by taking their temperatures and send workers who have fevers home, Snyder said. Alternatively, employers can require employees to take their own temperatures before reporting to work, she added.

Tell me about a time you failed and what you learned from it.

1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

What are Amazon's leadership principles? (14)

1. *Customer Obsession* - earn and keep customer trust; clients at law firm - Sun Kim - asking him to settle; continually updating on status. I will check back in with managers for a status update on an accommodation 2. *Ownership* - think long term; do not sacrifice long-term value for short-term results. KIN and new payment plan; asking to terminate/discipline Kimbrie 3. *Invent and simplify* - innovation; simplification; look for new ideas; do not settle for status quo; ADA form ; PFML "year" change ; creating leave request form for FFCRA ; daily meetings for the pandemic 4. *Are Right, A Lot* - strong judgment; good instincts; seek diverse perspectives and work to disconfirm beliefs ; disagreeing with client about their definition of "essential" ; medical release in ADA form ; employee count for FFCRA EFML ; quarantine order is not shelter in place ; FMLA coverage and rights/responsibilities form 5. *Learn and be curious* - never done learning and always seeking to improve themselves; they are curious about new possibilities and act to explore them ; Natalicheva; PFML rereading all regs and FMLA's regs - didn't wait for guidance to be released; Patrick deposition ; rereading my deposition scripts back 6. *Hire and develop the best* - leaders recognize exceptional talent, and willingly move throughout the organization; leaders develop leaders, coach others ; investigation training; reviewing Jordon's investigation 7. *Insist on the highest standards* - relentlessly high standards; many people think these are unreasonably high; continually raise the bar and drive to deliver high quality products, services, and processes ; I have turned in some 10 page reports on investigations ; overly involved in colleague's work - come to me with a quesiton and I will restructure the language in their email about an accommodation ; need to let more people research issues 8. *Think big* - leaders create and communicate a bold direction that inspires results; they think differently and look around corners for ways to serve customers ; legal digest by location ; PFML checklist ; creating chart for FFCRA 9. *Bias for action* - speed matters; many decisions/actions are reversible and do not need extensive study; calculated risk taking ; taking on the webinar ; taking on Patrick's deposition ; advising termination of EE in hotel room 10. *Frugality* - accomplish more with less; resourcefulness, self-sufficiency, invention ; webinar; how do I best stay on top of all these legal updates - subscribing to everything possible? - no centralize into a database called Lexology 11. *Earn trust* - listen attentively, speak candidly, and treat others respectfully; vocally self-critical, even when doing so is awkward or embarrassing; Leaders do not believe their or their team's body odor smells of perfume. They benchmark themselves and their teams against the best. - feedback for my policies and forms on the shared screen; messing up attendance issue at DIA; 12. *Dive deep* - leaders operate at all levels, stay connected to the details, audit frequently, and are skeptical when metrics and anecdote differ; no task is beneath them ; age discrimination complaint - the demand letter had numerous allegations, the interview unearthed huge amount of new information and I checked every single thing said. ; compliance memos ; Cedillo discovery 13. *Have backbone; disagree and commit* - respectfully challenge decisions when you disagree, even when doing so is uncomfortable and exhausting; leaders have conviction and are tenacious; they do not compromise for the sake of social cohesion; once a decision is determined, they commit wholly ; disagreeing with client about their definition of "essential" ; medical release in ADA form ; employee count for FFCRA EFML ; quarantine order is not shelter in place ; Mark trying to change PFML process 14. *Deliver results* - leaders focus on the key inputs for their business and deliver them with the right quality and in a timely fashion; despite setback, they rise to the occasion and never settle ; changing PFML year ; compliance memos

California Family Rights Act (CFRA) Length of Leave

12 weeks of leave within a 12 month period. If taken for child's birth, must be taken within 12 months of the child's birth. 12 month period - measured the same as FMLA.

California New Parent Leave Act (NPLA) Length of leave

12 weeks within one year of the child's birth/placement/adoption.

New York Paid Family Leave Amount of payment

2020 - 60 percent of the employee's average weekly wage or 60 percent of the State's average weekly rate, whichever is lower; and 2021 - 67 percent of the employee's average weekly wage or 67 percent of the State's average weekly rate, whichever is lower. The weekly PFL benefits will not be less than $100 per week except that, if the employee's wages at the time of PFL are less than $100 per week, the employee will receive his or her full wages.

New York Paid Family Leave Length of Leave

2020 - up to 10 weeks of PFL in a consecutive 52-week period; 2021 - up to 12 weeks of PFL in a consecutive 52-week period. Employees are limited to the maximum amount of PFL in a consecutive 52-week period even if they begin employment with a different covered employer during that 52-week period. The Company is not required to provide PFL to two employees at the same time to care for the same family member. If time off is provided to both employees, the PFL taken by each employee will be counted towards that employee's PFL entitlement. The number of days of PFL available will be based on the average number of days the employee works per week.

OFCCP

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Rehbailitation Act

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Review NJ, NY, CA stya at home orders aand how that would affect Amazon "manufacturing"

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https://www.xperthr.com/editors-choice/coronavirus-covid-19-state-and-local-leave-laws/44200/?user=dW5ibTZkNDlKby9aSlVWcVJYdTdwTVlqcURxcVRZOTNuejIvaXpiN1RUWT0%3d&cmpid=NLC%7CUSAG%7CHUSUN-2020-1704-US_Topic_Alerts&sfid=701w0000001VvIy

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New York Pregnancy Accommodation What is a pregnancy-related condition?

A "pregnancy-related condition," is defined as a medical condition related to pregnancy or childbirth that inhibits the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques. In the employment context, this is limited to conditions which, upon providing reasonable accommodation, do not prevent the individual from performing in a reasonable manner, activities involved in the job or occupation sought or held. Under the NYHRL, "pregnancy-related condition" includes, but is not limited to, lactation. New York also has a separate lactation accommodation law.

New Jersey Family Leave Act Parents working for same employer

A husband and wife employed by the same employer may each take a leave of up to 12 weeks simultaneously, assuming both are otherwise eligible for leave. +N.J.A.C. 13:14-1.12. This is different from the FMLA, which allows an employer to limit spouses to a combined 12 weeks of FMLA leave to care for a family member.

New York Pregnancy Accommodation Types of accommodations

A reasonable accommodation may include, but is not limited to: Minor changes in work schedules; Adjustments to uniform requirements or dress codes; Additional water or snack breaks; Permission to eat at a work station; Extra bathroom breaks or additional breaks to rest; Physical modifications to a work station; Adjustment of start or end time; A reduced or modified work schedule; Desk duty or light duty; Transfer to an alternative position; Leave for a period of disability arising from childbirth; or Reasonable time and a clean, private space to express breast milk.

New Jersey Family Leave Act Eligible employees "State of emergency"

A state of emergency means a natural or man-made disaster or emergency for which a state of emergency has been declared by the US President, the Governor or a municipal emergency management coordinator.

California - Pregnancy Disability Leave What is pregnancy disability?

A woman is disabled by pregnancy if, in the opinion of her health care provider: She is unable because of pregnancy to perform one or more essential job functions or to perform these functions without undue risk to herself, to the successful completion of her pregnancy or to other persons; or She is suffering from severe morning sickness or needs to take time off for: Prenatal or postnatal care; Bed rest; Gestational diabetes; Pregnancy-induced hypertension; Preeclampsia; Post-partum depression; Childbirth; Loss or end of pregnancy; or Recovery from childbirth, or loss or end of pregnancy. Lactation is considered to be a potentially disabling related medical condition. However, lactation without medical complications is generally not disabling and would not require a leave of absence. In some circumstances, lactation could require a transfer to a different position or less stressful job (if medically advisable even if not disabled by pregnancy) or other reasonable accommodation if it is disabling.

Medical testing and COVID-19

ADA - Medical examination cannot be performed unless you can show that it is job related and consistent with business necessity. This means that -LOOK UP GUIDE. Any test must be ACCURATE, RELIABLE, and CONSISTENTLY ADMINISTERED. Test results must be kept confidential. Must have a plan in case a test result is positive, or in case someone refuses a test. Durham said some EEO parameters employers should have in mind when considering whether to screen employees for COVID-19 are: Just as with temperature screening, screening/testing for COVID-19 must be conducted on a nondiscriminatory basis, which likely means that all employees entering the worksite must be tested. Assuming the results of such testing are retained, they need to be retained as confidential medical records according to the ADA's requirements. Any screening, test or inquiry that is broader than necessary to address the potential direct threat is prohibited. Although unlikely, it is possible that an employee could have a medical condition that could require the employer to determine whether it can provide the employee with an accommodation, such as making available an alternative testing method to the (likely nasal swab) method being used. Employers will need to consider how to handle an employee's refusal to submit to a test. For example, the employer could bar access to the worksite for an employee who refuses to cooperate. He said that other considerations for employers include: Being aware that there may be an obligation under wage and hour laws to pay employees for time spent waiting to be tested, as well as time spent waiting for the results of the test, assuming the employee will not be admitted to the workplace until the employer has the results. Requiring employees to consent in writing to the screening, including, but not limited to, acknowledging that the test is not a diagnostic test. Exercising care in selecting a test to use, particularly in light of well-documented issues with test accuracy. Determining when and under what conditions an employee who tests positive for COVID-19 will be able to return to the workplace. For example, is a subsequent negative test sufficient? Two subsequent negative tests? Weighing the implications of a positive test result as it relates to addressing potential exposure in the workplace (e.g., if the employee was at work in the days leading up to the date of the positive test).

Tell me about a time when you came up with a new approach to a problem.

ADA forms. · For example, when I had arrived, our team I redid the ADA Accommodation Request Form o When I arrived, I noticed the current system was - we submitted disability verification forms to employees that o Got rid of the medical waiver o Simplified the questions into the information we actually needed SITUATION TASK ACTION RESULT 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

PDL, CFRA, NPLA, FMLA Will I lose seniority or benefits?

ALL: No. You may accrue seniority or benefits if your employer allows accrual for other forms of leave.

New York Paid Sick Leave Covered employers

All employers. The amount of leave, and whether it is paid or unpaid will depend on employer size.

EEOC: If an employee has a preexisting mental illness or disorder that has been exacerbated by the COVID-19 pandemic, may he now be entitled to a reasonable accommodation (absent undue hardship)?

Although many people feel significant stress due to the COVID-19 pandemic, employees with certain preexisting mental health conditions, for example, anxiety disorder, obsessive-compulsive disorder, or post-traumatic stress disorder, may have more difficulty handling the disruption to daily life that has accompanied the COVID-19 pandemic. As with any accommodation request, employers may: ask questions to determine whether the condition is a disability; discuss with the employee how the requested accommodation would assist him and enable him to keep working; explore alternative accommodations that may effectively meet his needs; and request medical documentation if needed.

Why Amazon

Amazon's reputation and standards for excellence precedes itself. I really want to work at Amazon because I know that I would fit right into the culture. I'm hungry, I have high standards for my work, and I'm all about self improvement, and so I think that Amazon and I would be a great fit. I also hate stagnation, and I know that Amazon values investing in its people. Amazon's reputation for innovation and high standards. I am hungry, I like a challenge, and I want to work alongside people who share these traits. I am excited to stay in one place where I really think I could thrive. I do not want stagnation.

Recent updates to Washington law

Amendments to Washington Law Against Discrimination - (1) Protective hairstyles - "race" under WLAD includes traits associated with race, including hair texture and protective hairstyles, including afros, braids, locks, and twists (2) Citizenship/immigration status added as a protected category; before, "national origin" was included. Now, the new amendment grants protections to undocumented immigrants who are otherwise engaging in lawful behavior. (3) Employers cannot require certification from employees' healthcare providers for employees to be able to use reasonable break time to express breast milk at work. On the horizon - For the second year in a row, the Washington legislature failed to pass several proposed consumer data privacy protection laws, including the Washington Privacy Act (Senate Bill 6281), which would have implemented data-privacy protections similar to those in Europe and even more protective than the California Consumer Protection Act (CCPA). The final proposed version of the Washington Privacy Act's definition of "consumer" as written does not include any individual acting in an "employment context," but employers should expect a new version of the Washington Privacy Act to be proposed once again during the 2021 legislative session and should keep an eye on any updates to the developing area of data privacy protection laws in Washington.

New York Pregnancy Accommodation Verification

An employee must cooperate by providing medical or other information that is necessary to verify the condition's existence or for consideration of the accommodation, but the employee has the right to have their medical information kept confidential.

New York Paid Family Leave Benefits Multiple employers

An employee who has multiple covered employers is not required to take PFL from each covered employer during a single period of family leave. However, the employee also cannot take PFL for a single qualifying event from different covered employers at separate intervals.

EEOC: What if an employee was already receiving a reasonable accommodation prior to the COVID-19 pandemic and now requests an additional or altered accommodation?

An employee who was already receiving a reasonable accommodation prior to the COVID-19 pandemic may be entitled to an additional or altered accommodation, absent undue hardship. For example, an employee who is teleworking because of the pandemic may need a different type of accommodation than what he uses in the workplace. The employer may discuss with the employee whether the same or a different disability is the basis for this new request and why an additional or altered accommodation is needed.

California Pregnancy Disability Leave Return to work

An employer can require a certification before return certifying that the employee can safely perform all essential duties, with or without a reasonable accommodation. If an employer does this, it must ensure that the policy is uniformly applied.

New York Disability Insurance Benefits Where do benefits come from?

An employer is allowed, but not required, to collect contributions from its employees to offset the cost of providing benefits. An employee's contribution is computed at the rate of one-half of one percent of his/her wages, but no more than sixty cents a week (WCL §209). If an employee has more than one job at the same time, with combined wages of more than $120 per week, the employee may request each employer to adjust the contributions in proportion to the earnings of each employment. The combined contributions may not exceed 60 cents per week. The request should be made as soon as the employee enters a second job.

EEOC: What types of undue hardship considerations may be relevant to determine if a requested accommodation poses "significant difficulty" during the COVID-19 pandemic?

An employer may consider whether current circumstances create "significant difficulty" in acquiring or providing certain accommodations, considering the facts of the particular job and workplace. For example, it may be significantly more difficult in this pandemic to conduct a needs assessment or to acquire certain items, and delivery may be impacted, particularly for employees who may be teleworking. Or, it may be significantly more difficult to provide employees with temporary assignments, to remove marginal functions, or to readily hire temporary workers for specialized positions. If a particular accommodation poses an undue hardship, employers and employees should work together to determine if there may be an alternative that could be provided that does not pose such problems.

New Jersey Family Leave Act Key Employee Exception

An employer may deny family leave to an employee if: --- The employee is a salaried employee who is among the highest paid 5% of the employees in the workforce or among the top seven highest paid employees, whichever is greater; --- The denial is necessary to prevent substantial and serious economic injury to the employer's operations; and --- The employer notifies the employee of its intent to deny leave at the time the employer determines denial is necessary. If the leave has already begun, the employee must return to work within 10 working days of the notification. However, the key employee exception does not apply if, during a state of emergency declared by the Governor, or when indicated to be needed by the Commissioner of Health or other public health authority, the family leave is for an epidemic of a communicable disease, a known or suspected exposure to a communicable disease or efforts to prevent the spread of a communicable disease. The NJFLA differs from the FMLA's key employee distinction in that: Under the NJFLA, a key employee is considered among the top 5% of paid employees (as opposed to top 10% in the FMLA); Under the NJFLA, an employer can deny leave, rather than deny reinstatement as under the FMLA; and The NJFLA requires that the employee return to work within 10 working days of an employer's notification of its intent to deny leave. Under the FMLA, a reasonable amount of time must be given.

California New Parent Leave Act (NPLA) Health insurance

An employer must maintain and pay for the employee's group health plan coverage during leave at the level and under the conditions that coverage would have been provided had the employee not taken leave. However, the employer may recover the cost of the premiums it paid if: The employee does not return to work after the period of leave has expired; and The employee's failure to return to work is for a reason other than the continuation, recurrence or onset of a serious health condition or other circumstances beyond the employee's control.

New York Disability Insurance Benefits Covered employers

An employer of one or more persons on each of 30 days in any calendar year becomes a "covered" employer four weeks after the 30th day of such employment.

New York Paid Family Leave Poster/notice requirements

An employer that maintains an employee handbook or other written employment policies concerning employee benefits or leave rights must include information in the handbook or other written policies concerning employee rights and obligations under the PFLBL.

California Paid Sick Leave Covered employers

Applies to all employers regardless of their size. There are many different variations based on municipality and county: - Berkeley - Long Beach - Los Angeles (city) - San Diego - San Francisco - Oakland

New York Paid Family Leave Verification

Baby bonding - documentation required; varies depending on whether it is birth parent, adopting parent, foster parent. Caring for family - health care provider's certification Military - covered active duty orders, other documentation

Tell me about a time you tasked yourself to learn something new. How did you go about learning the information and what that looked like?

Bar exam I signed up for a class, but studying for that is whatever you make of it. You graduate, take the weekend, and then are thrust into 2 and a half months of the most intense learning period I've ever experience On one of our first days, the instructor said, "How do you eat an elephant? One bite at a time."Plan your work, and work your plan.The hardest position (but also, the most exciting), is at the bottom of the mountain. I would rather feel challenged and scared by the unfamiliar than bored and comfortable with the familiar or easy.Focus; determination; It's really about being flexible and learning what system works best for you I lived with my sister in ballard, commuting to class in capitol hill Time is so precious, I wasn't getting what I needed out of class Buying my own desk Flashcards, writing down the answer Scoring myself Mercer Island library 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs. 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

New Jersey Family Leave Act Eligible employees Base hours

Base hours are hours for which an employee receives compensation, including: --- Regular hours; --- Overtime hours; --- Hours for which the employee receives workers' compensation benefits; and --- Hours an employee would have worked except for military service. To determine the base hours per week to be credited for each week the employee was on layoff or furlough, the employer must average the employee's number of hours worked per week during the rest of the 12-month period.

EEOC: May an employer withdraw a job offer when it needs the applicant to start immediately but the individual has COVID-19 or symptoms of it?

Based on current CDC guidance, this individual cannot safely enter the workplace, and therefore the employer may withdraw the job offer.

New York Disability Insurance Benefits Length

Benefits are paid for a maximum of 26 weeks of disability during 52 consecutive weeks (WCL §205).

New York Paid Family Leave Benefits Certification to employer - baby bonding

Birth or appointed father: birth certificate; voluntary acknowledgement of paternity; court order of filiation; copy of documentation of pregnancy or birth from a health care provider that includes the mother's name and the child's due date or birth date, and a second document verifying the parent's relationship with the birth mother or child (e.g., marriage certificate, civil union documents or domestic partner documents). Adoptive parent: a court document indicating that an adoption is in process or is being finalized; a document evidencing that the adoption process is underway, including but not limited to a signed statement from an attorney, adoption agency or adoption-related social service provider that the employee is in the process of adopting a child Foster parent: letter of placement issued by the county or city department of social services or local volunteer agency

Face Masks

CDC: Recommends wearing cloth face coverings in public settings where social distancing is difficult to maintain. Does not recommend surgical masks or N95 respirators b/c those should be saved for healthcare professionals. Some states and local jurisdictions began imposing additional obligations on both businesses and individuals with respect to mask use. NY: Governor Cuomo's Executive Order requires all essential business/entities to provide employees with face coverings when in direct contact with customers or members of the public. Businesses must provide at their own expense. CA: Several local (municipal) jurisdictions have implemented requirements for use of masks for certian workplaces - - Los Angeles - essential workers must receive nonmedical grade face coverings - SF - requiring individuals to wear cloth face coverings, including those working in or visiting public-facing essential businesses https://www.lexology.com/library/detail.aspx?g=a0793170-3d7f-46a3-848c-ae276a951a3d&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2020-04-24&utm_term= https://www.lexology.com/library/detail.aspx?g=2657dcc3-de0b-481c-877f-a3e3ba46f06b&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2020-04-24&utm_term= https://www.lexology.com/library/detail.aspx?g=b57e93e9-1354-4319-b5f7-9d03fac739b6&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2020-04-24&utm_term= https://www.lexology.com/library/detail.aspx?g=7a3b4419-4649-4338-8873-8935b7e2e059&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2020-04-24&utm_term= https://www.lexology.com/library/detail.aspx?g=c8fcff91-f5f5-4c44-bf53-6545a4c7ae2b&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2020-04-24&utm_term= WA: NJ: Executive Order that masks must be provided for certain industries

California Family Rights Act (CFRA) Certifications

CFRA Certification should provide: - Certification that the EE/family member has a serious health condition (CANNOT ASK FOR SPECIFICS); - The date that the serious health condition commenced; - The duration of the serious health condition; - That the serious health condition requires care or prevents the EE from working. You cannot use an FMLA certification for CFRA because it asks for information that you cannot ask for CFRA. An employer may not contact a health care provider for any reason other than to authenticate a medical certification. The employer must notify the employee of: - The need to provide medical certification; - The deadline for providing certification; - What constitutes sufficient medical certification; and - The consequences for failing to provide medical certification. The employer must advise the employee whenever it finds a medical certification inadequate or incomplete, and provide the employee a reasonable opportunity to cure any deficiency.

CFRA interaction with FMLA and PDL Consecutive/concurrent

CFRA and PDL run consecutively (one after the other). CFRA runs concurrently with FMLA.

How does CFRA differ from FMLA?

CFRA doesn't cover pregnancy disability; FMLA does. FMLA allows leave if a family member is, or is called to, activity duty military under certain conditions. CFRA does not. Although both the FMLA and the CFRA include same-sex spouses in the definition of a family member, only the CFRA allows for leave for a registered domestic partner. CFRA and FMLA handle intermittent leaves differently.

California Family Rights Act (CFRA) Covered employers

California employers with 50 or more employees each working day during 20 or more calendar workweeks in the current or preceding calendar year. Workweeks do not need to be consecutive. The 50-EE headcount does not need to be in CA (though the EE is not be eligible). Headcount is based on who is on payroll, can be other EEs on leave.

California Local Laws and Employer Policies on Sick Leave

Certain cities in California have their own paid sick leave requirements that provide additional benefits to employees. For example, in San Francisco, employees can accrue up to 72 hours of paid sick leave per year, and there is no cap on how much an employee can use. Several other cities, including Los Angeles and San Diego, have followed this trend and passed their own sick leave laws. In general, employers must follow whichever rule is more generous to employees. And, of course, employers are free to create sick leave policies that are more generous than either law.

What's the most innovative new idea that you have implemented?

Changing PFML year. This was a new innovative idea, that also involved a bit of a learning experience for me. SITUATION TASK ACTION RESULT 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

New York Paid Family Leave Benefits Certification to employer - Qualifying Exigency

Copy of the military member's active duty orders or other military-issued documentation A statement or description, signed by the employee, of appropriate facts regarding the qualifying exigency for which paid family leave is requested: Type of qualifying exigency for which leave is requested Beginning and end dates for leave taken in a single, continuous period of time;An estimate of the frequency and duration of the qualifying exigency for leave taken on an intermittent basis;If the qualifying exigency involves meeting with a third party, appropriate contact information for the individual or entity with whom the employee is meeting (such as the name, title, organization, address, telephone number, fax number, and email address) and a brief description of the purpose of the meeting; andIf the qualifying exigency involves rest and recuperation leave, a copy of the military member's rest and recuperation orders, or other documentation issued by the military that indicates that the military member has been granted rest and recuperation leave, and the dates of the leave. If the qualifying exigency involves meeting with a third party, the carrier or self-insured employer may contact the individual or entity with whom the employee is meeting for purposes of verifying a meeting or appointment schedule and the nature of the meeting.

New York Disability Insurance Benefits Who administers?

Coverage for disability benefits can be obtained through a disability benefits insurance carrier who is authorized by the New York State Workers' Compensation Board to write such policies. Another option is for large employers to become authorized by the Board to self-insure

Describe a time when you anticipated potential problems and developed preventative measures.

Designing leave request forms SITUATION TASK ACTION RESULT 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

New York Paid Family Leave Benefits with Disability benefits

Disability benefits - for EE's own injury/illness, not related to their job. PFL does not replace this. PFL and DI cannot be taken at the same time. Birth mothers - could receive DI and PFL (pregnancy disability and baby bonding) EEs can choose how they can use both benefits to support the needs of their families. EEs cannot take more than 26 weeks of combined DI and PFL in a 52-week period. If an employee plans to use both DI and PFL, the employee must complete a separate request for each.

New York Disability Insurance Benefits Reasons for Leave

Disability benefits are temporary cash benefits paid to an eligible wage earner, when he/she is disabled by an off the job injury or illness. The Disability Benefits Law provides weekly cash benefits to replace, in part, wages lost due to injuries or illnesses that do not arise out of or in the course of employment. Disability benefits are also paid to an unemployed worker to replace unemployment insurance benefits lost because of illness or injury.

New York Disability Insurance Benefits What is the payment?

Disability benefits include cash payments only. Medical care is the responsibility of the claimant. It is not paid for by the employer or insurance carrier. Cash benefits are 50 percent of a claimant's average weekly wage, but no more than the maximum benefit allowed, currently $170 per week (WCL §204). Benefits are paid for a maximum of 26 weeks of disability during 52 consecutive weeks (WCL §205). For employed workers, there is a 7-day waiting period for which no benefits are paid. Benefit rights begin on the eighth consecutive day of disability (WCL §208).

New York Disability Insurance Benefits What determines disability due to pregnancy?

Disability can only be determined and certified by a physician or certified nurse midwife through the submission of medical reports. If a claimant becomes disabled more than four to six weeks prior to the anticipated birth date, or is disabled more than four to six weeks after the actual birth date, more detailed information regarding the disability may be required. The medical reports should describe specific symptoms, rather than just general prognosis. Note: An elective sterilization procedure will not extend the payable period of disability, since benefits are not payable for any period an individual is unable to work due to elective surgery.

New York Paid Family Leave Benefits Health insurance

During any period of PFL, the employer must maintain the employee's health benefits as if the employee had continued to work from the date he or she began family leave until the date he or she returns to employment. If an employer provides a new health plan or benefits, or changes health plans or benefits, while an employee is on PFL, the employee is entitled to the new or changed plan or benefits to the same extent as if the employee was not on leave. During PFL, the employee must continue to pay any share of health plan premiums that he or she had been paying prior to taking PFL. If the premiums are raised or lowered, the employee is required to pay the new premium rates.

New York Paid Family Leave Benefits Employees are not entitled to PFL benefits under the following circumstances:

During periods the employee is receiving TOTAL disability payments pursuant to a claim for workers' compensation, volunteer firefighters' benefits or volunteer ambulance workers' benefits (when the employee is receiving payments for PARTIAL disability or reduced earnings under such laws, the PFL benefits, when combined with the benefits under such laws, may not exceed the average weekly wage in employment for which PFL are sought); To an employee who is not employed or who is on administrative leave from his or her employment; To an employee who is collecting sick pay or paid time off from his or her employer; and For any day the employee works at least part of that day for remuneration or profit for the covered employer or any other employer during the same or substantially similar working hours as those of the covered employer from which PFL benefits are claimed (except occasional scheduling adjustments with respect to secondary employment will not prevent receipt of PFL benefits). An employer is not required to permit more than one employee to use the same period of family leave to care for the same family member.

NJ COVID-19 Response: Updates to ESL

ESL = Earned Sick leave Law Under the ESL, leave may now be used under the following COVID-19-related circumstances by employees who: have COVID-19 or symptoms of COVID-19 were exposed to coronavirus during the course of their work (e.g., healthcare workers, wait staff, retail, teachers, etc.) and now have been told by a public health authority to self-quarantine are unable to work because their children's school or daycare was ordered closed by a public official for a public health reason are unable to work because their workplace was ordered closed by a public official for a public health reason refuse to go to work because, although their workplace was ordered closed by a public official for a public health reason, their workplace remains open in defiance of that directive do not go to work because their healthcare provider says they are at greater risk due to a preexisting health condition are told to self-quarantine due to virus exposure outside of the workplace, or has to care for a relative or loved one with COVID-19 or symptoms of COVID-19

California New Parent Leave Act (NPLA) Payment during leave

Employee could use PTO. Employee could apply for Paid Family Leave. Employee could use PSL, depending on reason for leave.

California Paid Sick Leave Accrual/Use

Employees accrue one hour of paid sick leave for every 30 hours worked. Paid sick leave must carry over from year to year, but employers can place a cap on accrual of 48 hours (or six days). Employees can begin using accrued sick leave once they have worked for an employer for 90 days. To avoid the administrative hassles of the accrual and carryover requirements, an employer can make three days of paid sick leave available to each employee at the beginning of each year.

New York Paid Sick Leave Leave accrual/use

Employees accrue one hour of paid sick leave per 30 hours worked. Accrual begins on either 9/30/20, or when the employee's employment begins, whichever comes later. Employees can begin to use on 1/1/21.

New Jersey Family Leave Act Eligible employees

Employees are eligible for NJFLA leave if they have: --- Worked for a covered employer for at least 12 months; and --- Worked at least 1,000 base hours during the immediately preceding 12-month period (the 1,000 hours worked requirement is less than the FMLA 1,250 hours worked requirement and it also includes time off on workers' compensation). When determining eligibility for NJFLA leave, an employer must consider an employee employed for any time, up to a maximum of 90 calendar days, during which the employee is laid off or furloughed because the employer curtailed operations because of a state of emergency declared after October 22, 2012.

New York Paid Family Leave Payment during Leave

Employees are eligible to receive partial wage replacement benefits during the leave through a state-mandated paid family leave benefits program. Under the PFLBL, eligible employees are paid by a state fund financed by deductions taken directly from employees' wages, not from tax contributions paid by employers. PFL benefits can be administered by a third-party provider or the New York State Insurance Fund or the Company.

California - Pregnancy Disability Leave Intermittent/reduced schedule leave

Employees are not required to use PDL in one consecutive period of time. PDL may be take on an intermittent leave or reduced schedule basis. Intermittent leave must be calculated in the smallest increment offered for any other type of leave. However, PDL should never be deducted in increments of more than one hour. For example, if the smallest increment of leave offered by an employer for other leaves is one hour, then if an employee takes off one and one-half hours for a post-natal visit, the employer can deduct two hours of leave. However, if the smallest increment the employer uses is one-half hour, then the employer can only deduct one and one-half hours from the employee's leave entitlement.

New York Paid Family Leave Intermittent Leave

Employees can take PFL on an intermittent basis, but only in full day increments. FMLA - intermittent, hourly basis.

California Family Rights Act (CFRA) Compensation and Benefits During Leave

Employees may be eligible to receive compensation through state disability insurance (SDI), paid family leave benefits (PFL), paid sick and safe time, or PTO. Health insurance must be continued during CFRA leave. It may be discontinued after a lay off or if the employee expresses an intent not to return to work.

California Pregnancy Disability Leave Employee notice requirements Employer response

Employees must provide 30 days' oral/written notice if the need for leave or accommodation is foreseeable. If unforeseeable, as soon as practicable. The notice should include the anticipated timing and duration of the PDL, reasonable accommodation or transfer if practicable. Employers may not deny leave due to lack of notice if the need arises due to an emergency or other unforeseeable circumstances. If an employee fails to give timely advance notice, the employer may delay the reasonable accommodation or transfer until 30 days after the date the employee provides notice. However, under no circumstances may the employer delay the granting of a reasonable accommodation or transfer if to do so would endanger the employee's health or pregnancy, or the health of a co-worker. The employer must respond to a leave, accommodation or transfer request as soon as practicable, but no later than 10 calendar days after receiving the request. The employer must attempt to respond to a leave request before the date the leave is due to begin. Once given, approval will be deemed retroactive to the date of the first day of the leave. Notice from the employee rather than from a third party is preferred, but not required.

New York Disability Insurance Benefits Eligible employees

Employees or recent employees of a "covered" employer, who have worked at least four consecutive weeks. Employees who change jobs from one "covered" employer to another "covered" employer are protected from the first day on the new job. Generally, an eligible employee does not lose protection during the first 26 weeks of unemployment, provided he/she is eligible for and is claiming unemployment insurance benefits.

New York Paid Family Leave Benefits Waiver

Employees who will not be eligible for PFL benefits may sign a waiver of benefits relieving them from making contributions for paid family leave benefits. Regulations under the PFLBL state that offering a waiver in these circumstances is mandatory. Who may not be eligible? EE is not scheduled to be employed for at least 26 consecutive weeks or will not work 175 days in a 52-week period. Waivers are deemed revoked within eight weeks of any change in an employee's schedule that requires the employee to continue working for 26 consecutive weeks or 175 days in a 52-week period. If this circumstance arises and the waiver is revoked, the employee must make contributions, including any retroactive amount due from hire, as soon as the employee is notified by the employer of the obligation.

California Paid Sick Leave Eligible employees

Employees who work at least 30 days in a year are eligible to receive paid sick leave. A few specific types of employees are not eligible to receive paid sick leave, including certain employees covered by collective bargaining agreements, certain individuals employed by air carriers, and employees of the California In-Home Supportive Services Program.

California Paid Sick Leave Limits on PSL

Employers can restrict an employee's use of sick leave to 24 hours (or three days) per year. Employers can also require employees to take sick leave in at least two hour increments, but not more.

New York Paid Family Leave Benefits PTO and PFL

Employers cannot require employees use paid time off while on PFL An employer may allow an employee to choose whether to charge all or part of the PFL to any available accrued but unused vacation or personal leave, and receive full salary, or to not charge time to accrued but unused vacation or personal leave, and receive PFL benefits. An employer that pays full salary during a period of PFL may request reimbursement of the balance covered by PFL benefits. With the election of either option, the employee is entitled to the full protection of the reinstatement provisions. In no event can the use of vacation or other paid leave extend PFL beyond the maximum annual amount allowed under the PFLBL. An employee cannot collect PFL benefits concurrently with sick pay or paid time off from the employer. Under the PFLBL, an employer may allow employees to use accrued vacation, paid time off or other employer-provided paid parental leave in lieu of applying for PFL benefits, but, unlike when leave is designated under the FMLA, the employer may not require employees to exhaust all paid time off when taking PFL. An employer that designates paid family leave as FMLA leave may charge an employee's accrued paid time off in accordance with the provisions of the FMLA and the employer's FMLA policy. If the employer provides notice to employees of eligibility for PFL and the leave is also covered by the FMLA, but the employees decline to apply for PFL, then the employer and its carrier may count the leave against the employees' PFL entitlement.

California Paid Sick Leave Payout/Rehire

Employers do not need to pay out accrued sick leave when an employee leaves the company. However, if an employee leaves and is rehired within one year, accrued sick leave must be reinstated.

New Jersey Family Leave Act Covered employers

Employers in New Jersey that employ 30 or more employees for each working day during each of 20 or more workweeks in the current or preceding calendar year are covered under the NJFLA. All employees do not have to be in New Jersey - even employees that work outside of New Jersey are included in determining whether an employer is a covered employer. In some situations, employees of a subsidiary or related entity also must be considered.

New York Paid Sick Leave Carryover/caps

Employers must allow employees to carryover unused leave time to the following year, but can set caps on usage: (1) Employers with <100 EEs may limit the use of sick leave to 40 hours, or five days, per year; and, (2) Employers with >100 EEs can limit the use of sick leave to 56 hours, or seven days, per year.

California Paid Sick Leave Poster notice requirements

Employers must display a sick leave poster, available from the California Labor Commissioner, in a conspicuous spot in the workplace. In addition, employers have recordkeeping requirements under the paid sick leave law. Employers must record the amount of available sick leave on each paystub (or in some other written form on payday), and employers must keep records of sick leave accrual and use for three years.

California Pregnancy Disability Leave Employer poster, notice requirements

Employers must give employees a PDL/pregnancy accommodations notice (can use template from Fair Employment Housing Council). The notice must be translated into every language that is spoken by at least 10 percent of the workforce at any of its facilities or establishments. Employers must distribute the notice in all of the following ways: (1) Posting in a conspicuous place - electronic posting and email is permitted; (2) Providing it to an employee who notifies the employer of her pregnancy or requests a pregnancy-related accommodation or transfer; and (3) Including it in an employee handbook (if applicable) or distributing it annually - electronic distribution is permissible. If the employer is also covered by CFRA (50 or more employees), they can use a joint notice that includes info on both laws.

New York Paid Sick Leave Amount of leave and paid/unpaid leave

Employers with <5 employees AND a net income of LESS than $1 million -- at least 40 hours (or five days) of protected UNPAID leave per year. Employers with <5 employees AND a net income of MORE than $1 million -- at least 40 hours (or five days) of protected PAID leave per year. Employers with 5-99 employees -- at least 40 hours (or five days) of protected PAID leave per year. Employers with >100 employees -- at least 56 hours (or seven days) of protected PAID sick leave per year.

California New Parent Leave Act (NPLA) Covered employers

Employs 20-49 EEs for 20 or more workweeks within the current or preceding calendar year within a 75 mile radius. "Directly employ" to mean that the employer maintains an aggregate of at least the minimum number of part- or full-time employees on its payroll(s) for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. The workweeks do not have to be consecutive. The phrase "current or preceding calendar year" refers to the calendar year in which the employee requests the leave or the calendar year preceding this request. Employees on paid or unpaid leave, including CFRA leave, leave of absence, disciplinary suspension or other leave, are counted.

Tell me about a time you stepped up into a leadership role.

FFCRA SITUATION - Pandemic first started. TASK - As Compliance, ACTION - It was ongoing and flexible. Involved a ton of pivoting between reading and digesting new information, relaying to the group, and figuring out how to implement. RESULT

NJ COVID-19 Response: Updates to FLI

FLI = Family Leave Insurance S2304 also expanded the definition of "serious health condition" to allow employees within the state of New Jersey to benefit from TDI and FLI benefits during a public health emergency.

Other types of CA leave

Family Military leave - unpaid leave if an employee's spouse or registered domestic partner is on leave from deployment from the military. Bone Marrow and Organ Donor Leave School Activities Leave - for enrolling the child, participating in school activities, or addressing an emergency. School discipline leave - parents may take time off to attend a school conference involving possible suspension of the child Domestic Violence Leave - time off for employee to obtain relief related to domestic violence, sexual assault or stalking; leave runs concurrently with FMLA/CFRA, if applicable Crime Victim Leave - time off from work to attend judicial proceedings related to violent, serious or theft/embezzlement related felonies Jury Duty Leave Voting Leave Election Official Leave - EE misses work to serve as an election officer Military Leave - small additional benefits to USERRA Emergency Responder Leave Civil Air Patrol Leave California Literacy Leave - Employers should help and reasonably accommodate any employee who reveals a literacy problem and asks for the employer's assistance in enrolling in an adult literacy program. Drug and Alcohol Rehabilitation Leave - reasonably accommodate any employee who wishes to voluntarily enter and participate in a drug or alcohol rehabilitation program. Day of Rest - Under California law, an employee is entitled to one day of rest in each seven-day period he or she works within a workweek unless his or her total hours of employment do not exceed 30 hours in the workweek and do not exceed six hours in any one day in the workweek.

California - Pregnancy Disability Leave Eligible employees

Female employees (including transgender employees) who are disabled by pregnancy, childbirth or related medical conditions (including medical conditions relating to lactation). Properly classified independent contractors are generally not considered employees.

California - Pregnancy Disability Leave Length of Leave

Four months - PDL applies to each pregnancy and not per year. The number of days/hours the employee would normally work within four calendar months. If the EE"s schedule varies from month to month, a monthly average of the hours worked over the four months prior to the beginning of the leave should be used for calculating. Under certain circumstances employers may be required to extend an employee's pregnancy leave beyond four months. For example: If an employer has a more generous leave policy for other temporary disabilities (providing more leave time), then the employer must also provide the more generous leave to employees temporarily disabled by pregnancy; or If the terms of an employer's collective bargaining agreement regarding employees with temporary disabilities provides more generous leave time, the employer must provide these benefits to pregnant employees or If an employee is eligible for leave under the California Family Rights Act (CFRA), she may be entitled to an additional 12 workweeks of leave.

Describe a long-term project that you managed. How did you keep everything moving along in a timely manner?

Handling my own case at PLG SITUATION - While at the firm, the bulk of my work was devoted to Employment cases. These are complex, take years to resolve, hundreds of thousands at stake. In contrast, PI work is quick, lower stakes. Partners asked me to take on PI cases to build my experience on my own. I had an arbitration case - rear end accident. TASK - I had the entire case from start to finished. Negotiating with the at fault party's insurance company; unable to settle; filing lawsuit; conducting discovery; handling arbitration. All this was done with the backdrop of court deadlines - mandatory. ACTION - Set up automatic reminders. Aggressive - offense rather than defense. Use paralegal as a source of information and a partner. Aggressively ask questions. RESULT - We got a little lower than what we asked for at arbitration, but it was a success - client earned more by going to arbitration rather than going to trial.

Tell me about yourself

Hi, I'm Nicole, I'm a former civil litigator who specialized in employment law, and right now I currently work as an Compliance Manager for an HR consulting Firm and support a group of approximately 20 managers, generalists, and coordinators. Asure Consulting performs HR work for approx. 100 businesses and nonprofits in the Puget Sound Area, but also up and down the west coat, texas, new york. I am in charge of educating our team on new or difficult areas of employment law, and I am brought in when one of our consultants needs help with a particularly ambiguous, contentious, or complex HR issue. I also perform work on the Client Services team so that I can learn as much as I can about HR from the group up. I am also in charge of updating the group on new HR-rleated legal updates, designing client communications to announce these updates, and creating template policies and procedures. I am very skilled with communicating and breaking down complex legal issues into digestible format. As a former Plaintiff-side civil litigator who specialized in employment law, I offer a unique and valuable perspective because I understand how and when HR issues can expose companies to liability, and how these pitfalls can be avoided. Right now, I am looking to transition my skillset to a role where I can support one company.

Questions for interviewer

How much involvement does this team have in changing Amazon policy? COVID-19 task force's inovlvemnt in yur work? How much are we involving in amending Amazon policy? What type of internal reference tools does the team have at its disposal? Expansion of coverage to more states? Ideal ratio - EEs per team members (DLS:EE)?

What is your biggest weakness.

I am impatient and struggle with giving people the benefit of the doubt. Assume the worst - part of being a lawyer. Impatient - I come to work to crank it out, and leave. I am a straight shooter; softness and empathy GIVE AN EXMAPLE 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

California New Parent Leave Act (NPLA) Eligible employees

I have worked for my employer for 1+ year, I have 1250 hours of service in the past year, and 20-49 employees work within an 75 mile radius.

NY PFL and FMLA

If an employee has an event that qualifies for leave under both FMLA and Paid Family Leave, and the employer is covered under both laws, the employer can require them to run concurrently. In order for the two types of leaves to run together, the employer must notify the employee that the leave qualifies for both FMLA and Paid Family Leave, and that it will be designated as such.

California Pregnancy Disability Leave Health insurance

If an employee has health care coverage prior to taking PDL, an employer is required to maintain such coverage under the same terms and conditions as if the employee had continued working throughout the duration of PDL.

California New Parent Leave Act (NPLA) Both parents employed by employers

If both parents work for the same employer, they may receive a combined 12 weeks of leave total. The employer may, but is not required to, grant simultaneous leave to the two parents.

New York Disability Insurance Benefits What if a claimant is still disabled, but benefits have stopped?

If he/she received less than 26 weeks of benefits, is still disabled, and has not received a Notice of Rejection, he/she must submit further medical evidence to his/her employer, insurance carrier or the Special Fund for Disability Benefits. If he/she has received a Notice of Rejection, the claimant may request a review of the rejection by completing its reverse side and mailing it to the Disability Benefits Bureau at the Workers' Compensation Board.

NLRB and workplace investigations

In Unique Thrift Store, 368 N.L.R.B. No. 144 (Dec. 16, 2019), the Board held that employer rules designed to protect confidentiality during ongoing workplace investigations are presumptively lawful. In reaching this decision, the Board overruled the Obama-era decision Banner Estrella Medical Center, 362 N.L.R.B. 1108 (2015), which required a case-by-case determination of whether confidentiality was necessary to ensure the integrity of a particular investigation. The Board determined that the rule in question was narrowly drafted to apply only to individuals involved in the investigation and to information learned or provided in the course of the investigation. Thus, while the rule might have some impact on an employee's freedom to discuss discipline and workplace conditions, such an impact would be slight. By contrast, Unique Thrift Store had substantial and compelling business justifications for requiring confidentiality during open investigations: preventing theft and responding promptly to misconduct through investigations; protecting employee privacy and ensuring there is no retaliation, and ensuring the integrity of the investigation. Thus, the rule — and such rules generally — passed muster under the Boeing test at least insofar as applied to ongoing investigations The NLRB explained that under Apogee Retail LLC, investigative confidentiality rules limited to open investigations are lawful to maintain because the justifications associated with such rules outweigh their potential adverse impact on employees' exercise of their protected rights under the NLRA

New Jersey Family Leave Act COVID19 Highly compensated individuals

In general, an employer may deny NJFLA leave to a salaried employee who is among the highest-paid 5 percent of the workforce or among the seven highest-paid employees of the employer. The new law, however, provides that family leave cannot be denied to such highly paid employees when the family leave is: (1) due to a state of emergency declared by the governor or when indicated as necessary by a public health authority, and (2) "for an epidemic of a communicable disease, a known or suspected exposure to a communicable disease, or efforts to prevent the spread of a communicable disease."

New Jersey Family Leave Act COVID19 New reason for leave

In response to the COVID-19 pandemic, S2374 expands the NJFLA's categories of protected leave. Specifically, leave under the NJFLA will be triggered when: a state of emergency declared by the governor or as required by a public health authority, relating to an "epidemic," "a known or suspected exposure to a communicable disease," or "efforts to prevent the spread of a communicable disease," requires a covered employee to care for family members due to: 1. care for a child whose school or childcare facility is closed by order of a public official due to epidemic or public emergency, 2. care for a family member that is subject to a mandatory quarantine order as a result of an illness caused by an epidemic where the family member's exposure would jeopardize the health of others, or 3. care for a family member who is in voluntary self-quarantine recommended by a health care provider or public authority as a result of suspected exposure to a communicable disease.

New aditions to New Jersey Family Leave Insurance

In response to the COVID-19 pandemic, S2374 expands the NJFLA's categories of protected leave. Specifically, leave under the NJFLA will be triggered when: a state of emergency declared by the governor or as required by a public health authority, relating to an "epidemic," "a known or suspected exposure to a communicable disease," or "efforts to prevent the spread of a communicable disease," requires a covered employee to care for family members due to: care for a child whose school or childcare facility is closed by order of a public official due to epidemic or public emergency, care for a family member that is subject to a mandatory quarantine order as a result of an illness caused by an epidemic where the family member's exposure would jeopardize the health of others, or care for a family member who is in voluntary self-quarantine recommended by a health care provider or public authority as a result of suspected exposure to a communicable disease. a seven-day waiting period does not apply to COVID-19-related disability benefits. The new law provides that an employer may request certification issued by a "school, place of care for children, public health authority, public official, or health care provider" for any school or childcare closure, mandatory quarantine or other prophylactic measure, or voluntary self-quarantine that gives rise to the leave. Specifically, an employer may require a certification with the following information: School/child care closures: the date of and reason for the closure Mandatory quarantine or other responsive/prophylactic measures of a family member: the date the public health authority issued the determination and the probable duration of the determination Voluntary self-quarantine of a family member based on a recommendation of a health care provider/public health authority: "the date of the recommendation, the probable duration of the condition, and the medical or other facts within the health care provider or public health authority's knowledge regarding the condition"

Tell me about a challenging client-facing situation and how you handled it.

Investigate age discrimination lawsuit Already represented by counsel 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

Tell me about a time when you faced a problem that had multiple solutions.

Investigation - physical violence threatened ; hotel room SITUATION TASK ACTION RESULT 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

Larger questions that Investigation is trying to answer

Is what complainant/respondent saying true?- Have both been consistent with their stories?- Have their stories been corroborated by documents and/or witnesses?- Does it seem plausible?What was the motivation for respondent's behavior? Is it legitimate and non-discriminatory?- Did respondent's reason exist at the time that the decision was made?- Even if respondent has a legitimate, non-discriminatory reason for action, was discrimination still a substantial factor in its decision (just because EE has poor performance does not mean discrimination did not occur)?- Has respondent made hostile statement about group? Can we substantiate?- Previous complaints against respondent?- Pattern of behavior from respondent? Document review Use to create narrative.Organize, create timeline.Real evidence.Memory and perception is bad.Use as landmark for interviews. Witness, Complainant, Respondent Interviews - deposition skills - Identify crucial factual contentions- Identify topics, events, and documents you wish to explore during deposition- Ask their version first. Then, bring up issues.- Historical reconstruction - if x occurred, what else may have occurred?- Set the scene: who was at event, where was event, when did event happen, how long did it last, why did happen, did anyone record/memorialize?- Any reason for bias? Personal history with person? Disparate Treatment - what is substantial factor? A substantial factor is a significant motivating factor in bringing about the employer's decision. It does not need to to be the main factor. Tell me about your issue.Who is involved?When did this take place?Has it been memorialized?What's the basis for what you're saying?What actions taken? WHY? - push on thisHistory of employee? Employee's performance?What is employer's goals?What are employee's goals? 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

New York Paid Sick Leave Effective date

January 1, 2021

California Family Rights Act (CFRA) Key employees

Key employees = salary basis; highest paid 10% of employees working within 75 miles of the employee's worksite at the time of the leave request. The employer may refuse to reinstate the employee if reinstatement would cause substantial and grievous injury to the employer's operations.

Tell me about a time when you sacrificed short term goals for long term success.

Kindering SITUATION - I was shadowing a couple of my co-workers during an Annual Report for a nonprofit which provides daycare/schooling for low income families with disabled children. During this meeting, we review accomplishments from the year. TASK - I was meant to shadow, but I began involved in the discussion when they began discussing employee pay. I found out that they prorate EE pay for 44 weeks' over a 52 week period, and that they did not have employee contracts. Over the course of talking to them about this, I found that someone from my office who had since left had recommended they use this method of payment for EEs. Short term goals - please the client. Maintain our image of expertise. Long term goals - providing advice that will not expose our clients to liability. ACTION - I researched the issue, and found that they were mistaken b/c frequently school districts use this method of pay. The issue is that schools are unionized and typically have set contracts. I consulted with Lane Powell to determine that my feelings were correct. RESULT - I told them about this - explained it several times over email and then followed up with a phone call. This is why what you are doing is in violation of the law, and here is how you resolve it. I told them about possibility of class action lawsuit, attorneys fees. They were upset that it was our advice. Done differently - I need to work on delivery and my persuasive techniques. They became very defensive. I didn't circle back around. They are still instituting this method of pay.

California Family Rights Act (CFRA) Intermittent/reduced schedule leave?

Leave an employee's or a family member's serious health condition may be taken intermittently or on a reduced schedule basis only when medically necessary, as determined by the employee's health care provider. An employer must limit leave increments to the shortest period of time that the employer's payroll system uses to account for absences or use of leave provided it is not greater than one hour. The employee must also make a reasonable effort to schedule any planned appointment or medical treatment to minimize disruption to the employer's operations, subject to the health care provider's approval. Leave for the birth/placement of a child may be taken in 2 week increments. Upon the employee's request, this leave can be taken in an increment of less than two weeks on any two occasions.

Los Angeles COVID-19

Los Angeles businesses must adhere to an emergency order issued by Mayor Eric Garcetti regarding providing face coverings. Effective April 16, Mayor Garcetti expanded an April 7, 2020, emergency order requiring employers to provide certain essential workers with nonmedical-grade face coverings to wear while performing their work. The expanded order identifies certain businesses that ship or deliver goods, "including but not limited to Amazon, Caviar, Doordash, GrubHub, Instacart, Lyft, PostMates, Shipt, and Uber," and requires that they "must provide drivers with nonmedical-grade face covering and hand sanitizing agents, and do so at the expense of the business." The April 16 order also required an owner, manager, or operator of any business performing essential activities as defined in the order to prepare and post a Social Distancing Protocol for each of the business' Los Angeles facilities by 11:59 a.m. on April 15,. The Social Distancing Protocol must mirror in material respects the County of Los Angeles Department of Public Health Social Distancing Protocol.

New York Paid Family Leave Benefits Who runs the insurance program?

Most private employers must obtain paid family leave insurance. Generally, this insurance will be added to the disability insurance an employer already carries. Employers that are self-insured can purchase a separate paid family leave policy or apply to self-insure. An employer's insurance carrier will provide a Notice of Compliance, stating that the employer has paid family leave insurance. Employers that are self-insured can get this notice by contacting the Board at [email protected].

COVID-19 Tests

Must be accurate and reliable (EEOC - ADA). Employers can look to CDC and FDA for guidance on whether something is accurate and reliable. Employers should consider incidence of false positives or false negatives. Even with this explicit approval from the EEOC, employers should consider practical and legal issues relating to COVID-19 test, such as: (()) What to do if an employee refuses a test or requests an accommodation on the basis of disability or religion? (()) What information does an employer need to provide employees about the test, including a test's limitations and what employees should do if they receive a positive result? (()) To whom the tests will be administered (all of the workforce, or is it defensible to administer the tests only to subsets, such as persons working in specific geographies)? (()) Will a trained third party conduct the tests and, if so, how will HIPAA requirements be satisfied? (()) How will the employer obtain the tests, which are presently in short supply? (()) How often should employees be tested? (()) What type of test will the employer choose and how invasive will it be? (()) How long will it take to receive results of the test? (()) Will the employer require employees to get the tests in advance of return to work so there is sufficient time to receive the results? (()) How will the employer maintain confidentiality of the test results? (()) Are employees required to be paid for their time getting tests? (()) Are employers required to report positive test results to public health authorities?

California Family Rights Act (CFRA) Delay in receiving certification back?

Must provide them with notice up front that you needed it back in 15 days, and consequences for failing to do so (leave protections may be denied). If the employee fails to timely return the certification, the employer may deny CFRA protections for the leave following the expiration of the 15-day time period until a sufficient certification is provided.

NY Paid Sick Leave in other areas

NYC - Paid Sick and Safe Time Westchester County

New York Pregnancy Accommodation NYC Requirements

New York City employers must engage in a cooperative dialogue with a pregnant employee to determine a reasonable accommodation. Also, according to guidance issued by the New York City Commission on Human Rights in the disability context, a covered New York City employer may not require an employee to provide medical confirmation of pregnancy, childbirth, or a related medical condition. An employer may only request medical documentation from an employee when: The employee is requesting time away from work, including for medical appointments, other than the presumptive six to eight week period following childbirth, and may do so only if the employer requests verification from other employees requesting leave for reasons other than pregnancy, childbirth or related medical condition; or The employee is requesting to work from home, either on an intermittent basis or a longer-term basis.

New York Paid Family Leave Eligible employees

New York employees who work 20 hours or more per week for 26 consecutive workweeks are eligible for paid family leave (PFL) under the PFLBL. Employees who work fewer than 20 hours per week are eligible for PFL after completing 175 days of employment in a 52-week consecutive period. Employees who are not eligible for PFL benefits because they are not scheduled to meet the eligibility criteria regarding weeks or days worked can sign a waiver of benefits that relieves them from making the PFL benefits contribution. There is a list of exempt employees

New York Pregnancy Accommodation Covered employers

New York employers that have four or more employees To determine whether an employer has four or more employees, count employees employed at any time during the previous 12 months and count freelancers, paid and unpaid interns, employed family members and independent contractors who carry out work in furtherance of the employer's business enterprise and are not themselves employers.

New York Disability Insurance Benefits Can a claimant collect Unemployment Insurance and Disability Benefits for the same period of time?

No.

New York Disability Insurance Benefits If an employee engages in work for remuneration or profit, even if done at home, while disabled, is he/she eligible for disability benefits?

No. As long as he/she is performing any kind of work for remuneration or profit, he/she is ineligible to receive benefits.

EEOC: May an employer postpone the start date or withdraw a job offer because the individual is 65 years old or pregnant, both of which place them at higher risk from COVID-19?

No. The fact that the CDC has identified those who are 65 or older, or pregnant women, as being at greater risk does not justify unilaterally postponing the start date or withdrawing a job offer. However, an employer may choose to allow telework or to discuss with these individuals if they would like to postpone the start date.

How do you show customer obsession?

Not just telling people what to do; teaching them so that they have the larger picture. 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

EEOC: In a workplace where all employees are required to telework during this time, should an employer postpone discussing a request from an employee with a disability for an accommodation that will not be needed until he returns to the workplace when mandatory telework ends?

Not necessarily. An employer may give higher priority to discussing requests for reasonable accommodations that are needed while teleworking, but the employer may begin discussing this request now. The employer may be able to acquire all the information it needs to make a decision. If a reasonable accommodation is granted, the employer also may be able to make some arrangements for the accommodation in advance.

California Pregnancy Disability Leave Payment during leave

PDL in and of itself is unpaid. An employee can choose (or an employer can require) PTO use during the leave. The California law on PDL states that employers can compel employees to use sick leave benefits during PDL. However, it is not clear under the California Healthy Workplaces Healthy Families Act, which is the law requiring employers to provide paid sick leave, whether employers can force the use of paid sick leave or force the integration of benefits. The most conservative approach is to allow employees to use paid sick leave, but not force the use. Employers should be attuned to requirements regarding mandatory sick time under California law and the laws of several municipalities in California, including San Francisco. Employees taking PDL leave may be required to use paid sick time when the reason for the leave is covered under both the paid sick time law and the PDL law. However, employers must ensure compliance in tracking, incremental usage and other requirements that are specific to each type of law.

Taking CA PDL, CFRA, FMLA together

PDL runs concurrently with the federal Family and Medical Leave Act (Fed-FMLA), but not with the CFRA. An employee's own disability due to pregnancy, childbirth or a related medical condition is not a "serious health condition" under the CFRA.

PDL, CFRA, NPLA, FMLA How much leave do I get?

PDL: 4 months, based on hours worked per week. 4 months PER pregnancy, not within 12 months. CFRA/NPLA: 12 weeks within one year of the child's birth, adoption, or start of foster care. This leave will run after PDL and may run after FMLA. FMLA: 12 weeks within one year of the child's birth adoption, or start of foster care OR because of a serious pregnancy-related medical condition. This leave will run at the same time as PDL and/or CFRA.

PDL, CFRA, NPLA, FMLA Am I required to take leave all at once?

PDL: No. You may take your leave all at once or intermittently. CFRA/NPLA: Intermittent/reduced schedule permitted for all except baby bonding. You may take bonding leave in separate 2-week blocks, and fewer than 2 wk blocks on two occasions. FMLA: Can only take intermittent leave for serious health condition; otherwise, need ER's approval.

New York Paid Family Leave Covered employers

PFL applies to employers that employ one or more employees at least 30 days in a calendar year.

New York Paid Family Leave Benefits How are premiums funded?

PFL premiums are funded through employee payroll deductions.

Describe a situation in which you found a creative way to overcome an obstacle.

PFML - requesting proof of application Natalicheva. SITUATION TASK ACTION RESULT 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

Give me an example of a time when you set a goal and were able to meet or achieve it.

Passing the bar exam. SITUATION - Had my job offer, just needed to pass the bar in order to be licensed to practice in Washington state. TASK - Re-learning all the information from law school within a three month period. ACTION - The way I approached it - breaking it down into smaller pieces, and remaining adaptable ; Principles: innovation and simplification. "How to eat an elephant" I planned my work, worked my plan, and abandoned the plan where it wasn't working. Classes were across Seattle. I began by attending in person. Then realized that classes were recorded. Best use of my time - listen to lectures while exercising. Study from home - no time lost by commute. Always switching gears to find the most efficient route. Getting the desk Keep motivation by I maintained adaptability, and loyalty to study methods that had proven successful in the past. o Say to yourself, "This is hard, but it has an end." § It comes in waves Youv'e been through difficult periods before, and you've gotten through it RESULT - I passed the exam :)

California Family Rights Act (CFRA) Notice and Posting Requirements

Poster is required. Employers are encouraged to also give a copy of the notice to current/new employees in an employee handbook. No initial notice requirements from employers.

EEOC: What types of undue hardship considerations may be relevant to determine if a requested accommodation poses "significant expense" during the COVID-19 pandemic?

Prior to the COVID-19 pandemic, most accommodations did not pose a significant expense when considered against an employer's overall budget and resources (always considering the budget/resources of the entire entity and not just its components). But, the sudden loss of some or all of an employer's income stream because of this pandemic is a relevant consideration. Also relevant is the amount of discretionary funds available at this time - when considering other expenses - and whether there is an expected date that current restrictions on an employer's operations will be lifted (or new restrictions will be added or substituted). These considerations do not mean that an employer can reject any accommodation that costs money; an employer must weigh the cost of an accommodation against its current budget while taking into account constraints created by this pandemic. For example, even under current circumstances, there may be many no-cost or very low-cost accommodations.

California New Parent Leave Act (NPLA) Reinstatement

Prior to the beginning of an employee's leave, an employer must provide a guarantee of reemployment to the same or a comparable position when the leave ends. If an employer does not provide such a guarantee, it will be deemed to have refused to allow the leave.

California Paid Family Leave - future developments

Qualifying exigency related to active duty will soon be covered (2021). Also, on July 1, 2020, employees will be able to receive up to eight weeks of paid benefits instead of the current six weeks.

Give me two examples of when you did more than what was required in any job experience.

Recently pulled in to webinar Had used my internal memorandum to create the presentation Now 700 attendees and nervous I quickly had a call with them, and w ewent over restructuring together Move quickly ; preparation beforehand 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

New York Paid Sick Leave Rate of pay

Regular rate of pay or minimum wage, whichever is greater.

Describe a situation when you negotiated with others in your organization to reach agreement.

Reviewing leave request forms together Ranking PTO SITUATION TASK ACTION RESULT 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs. Done differently - one more person review

Do you collaborate well?

SITUATION TASK ACTION RESULT 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

Give me an example of a time you faced a conflict while working on a team. How did you handle that?

SITUATION TASK ACTION RESULT 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

Tell me about a time when you had to choose between technologies for a project.

SITUATION TASK ACTION RESULT 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

Tell me about a time when you receive negative feedback from your manager. How did you respond?

SITUATION TASK ACTION RESULT 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

Tell me about the last time you had to apologize to someone.

SITUATION TASK ACTION RESULT 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

We all make mistakes we wish we could take back. Tell me about a time you wish you'd handled a situation differently with a colleague.

SITUATION TASK ACTION RESULT 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

Tell me about a decision you regret.

SITUATION - An employee had ongoing attendance and performance issues. Tardiness, falling asleep on the job, insubordination etc.. Employee no called/no showed. He told supervisor he was taking his girlfriend to the hospital. TASK - I was new to Asure and asked to review and offer recommendations. ACTION - I reviewed applicable law, and quickly recommended documented discussion (connatation was disciplinary). RESULT - Director of HR was not happy. I immediately retracted my advice, and called him to apologize. We had a nice conversation - it's easy to get cynical, need to view actions not only from a compliance standpoint.

Tell me about a time you missed an obvious solution to a problem.

SITUATION - As a member of the Client Services team, I would review Corrective Actions. TASK - I would receive a Corrective Action document and determine: (1) was policy actually violated; (2) was this written clearly; and (3) do I see any red flags? ACTION - This particular Corrective Action was writing an employee up for 5 separate tardiness issues over the course of a month. I told manager, "We typically advise that employees receive counseling/discipline for poor performance immediately following the occurrence. I thus do not recommend issuing this Employee Action form for behavior that happened on 7/24, 8/3, 8/8, 8/12, and 8/22 and instead only addressing the issue from 9/19 in the Employee Action form." I went back to the Field Services Manager and I said, "Hi, how do you suggest I handle this? Manager has now sent me three Employee Action forms which cram in about 5-6 occurrences per form. I want to encourage him without scolding, and I'm not aware of the kind of training he has received. Any suggestions would be appreciated!" If he talked to the employee about the previous issues he can document in the new form that he had the previous discussions so show the pattern. RESULT - I went back to the manager, apologized, and reaffirmed what he was doing. TAKEAWAY - A little bit of analysis paralysis, and a little bit of inflexibility. When something isn't addressed by the law, I can struggle with it, because I am so familiar with deferring to legal requirements. For example, I know that treating tardiness differently between employees based on a protected class could give rise to a discrimination claim. But there is no magic rule for whether tardiness should receive a discussion with the employer, or a corrective action.

Tell me about the toughest decision you've had to make in the past six months.

SITUATION - EE complained about threats of violence during a work conference trip from a coworker. The threats happening in their hotel room. He said, she said. The one being threatened texted a supervisor "911" immediately afterwards and met with him to explain what had happened. Coworker denied that it had occurred. TASK - I investigated b/c the employee who was accused of violence threatened litigation. I needed to investigate and decide what to do next. ACTION - I interviewed multiple people who wintessed behavior leading up to incident. Reviewed text message to supervisor. Interviewed sueprisor and another iwtness there. When I interviewed person who threatened, I found him to lack credibility. RESULT - Recommended termination. Enough to substantiate, and threats were seirous. Dive deep Think long term - better to support decision to term, than have another violent incident Deliver results What would you do differently next time? - controlled the beginning of the interview process - client had list of interviewees

Leaving task unfinished

SITUATION - One of my colleagues approached me to ask if I could handle an investigation on her behalf because she had a heavy workload. I said OK, and asked her to send me the informaiton from the client. I received the email from an internal HR team. An employee was accused of being under the influence of alcohol. The HR Manager included emails back and forth about what had happened, and wanted the investigator to interview six people and figure out if the claim could be substantiated. TASK - I started reading through the chain and found the following: (1) two reasonable suspicion checklists completed on the day that the employee was allegedly under the influence, confirming that the employee was exhibiting behavior consistent with alcohol use; (2) notes from several interviews conducted by individuals who witnessed the employee's behavior, confirming that the behavior was consistent with alcohol use; and (3) a document showing that the employee refused to undergo testing. I went to the client's Handbook, and saw that they had followed proper protocol for suspect substance use. I also saw that the refusal to take an alcohol test is a terminable offense. We had multiple witness interviews, reasonable suspicion checklists, and a refusal to take exam. ACTION - I went back to my colleague and asked her, if this the best use of our time? What am I missing here? She spoke to the client and explained what I had told her - unless there is a particular reason for investigaiton - for example, there was conflicitng evidence - we shouldn't investigate.

Tell me about a time when you were not able to meet a time commitment. What prevented you from meeting it? What was the outcome and how did you learn from it?

SITUATION - One of our clients recently acquired another company, and was expanding to thirteen new locations all over the country. Their internal HR team did not where to begin. TASK - Our Field Services Manager asked if I could create compliance memos for each new location reviewing compliance-related HR issues for every single location and said that she already told them it would be ready in two weeks. ACTION - I was excited to do the project because I love research and boiling down into digestible format, but I was nervous about the time frame and overestimated my ability to research all these issues. I was scared to push back, as this was our biggest client. To start the project, I did email the client's HR team to confirm I was taking the project and brought them my thoughts on what to cover in the memo: state, county, and municipal requirements for Recruiting and Hiring; EEO, Diversity, and Employee Relations; Wage and Hour; Pay and Benefits; Organizational Exit and told them I was only covering where state/local law differed from federal requirements. RESULT - I didn't meet the deadline because accuracy and depth wound up taking precedence over speed. I called the lead to explain and give them options for moving forward. No time crunch - this was for their internal use, not for a presentation, or anything with a set deadline. I made a judgment call and decided to turn them in in two batches. They were so happy with the product that they asked for memos for all their existing locations. TAKEAWAY - Do not underestimate the amount of time a task with take. It is better to push back and ask for more time up front, or ask for a more targeted product. Ask WHY the rush. Reduce expectations if you need to. Better under promise and over deliver. I lost trust, but I maintained highest standards and delivered results. Long term commitment - wanted this reference document to be done once, and done correctly.

What did you do when you needed to motivate a group of individuals?

SITUATION - Open office, I listened to people performing telephonic interviews for investigations. During that, I overheard problematic questioning techniques. TASK - I went to my supervisor and asked if I could lead a group training on Investigations. ACTION - I created a training presentation which combined questioning techniques with humor and interesting explanations. Justin Bieber video of deposition. Tied common attorney explanations to techniques. Imagery during explanations - T Funnel, Timeline, boxing in. RESULT Do differently - it was a massive amount of information. Should have spaced out. Should have performed reviews. Interactive exercises. Principles - innovation; long term;

Tell me about a time when you had to deal with ambiguity.

SSun Kim - I received an arbitration award. OC offered me a settlement agreement. I knew that he needed signature from his client, and that the client was likely not to give it to him. I advised client, we did not settle. SITUATION TASK ACTION RESULT 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

Can an employee request a modification to a face mask as an accommodation?

Some employees may have medical conditions that limit their ability to wear a certain face mask or all face coverings. In its latest COVID-19 Guidance, the Equal Employment Opportunity Commission (EEOC) reminds employers that when an employee with a disability needs an accommodation related to PPE (such as modified face masks for interpreters) or an employee needs a religious accommodation under Title VII of the Civil Rights Act (such as modified equipment due to religious garb), the employer "should discuss the request and provide the modification or an alternative if feasible and not an undue hardship on the operation of the employer's business under the ADA or Title VII." Employers also should carefully review any applicable state and local face-covering orders to determine the legal requirements for face coverings, whether any exceptions to those requirements are permitted, and whether employers are required to make exceptions for employees with medical restrictions that prevent the employee from wearing a face covering. Like other reasonable accommodation analyses, this will require an individual assessment of the facts, including the employee's limitations, the work environment, and the applicable state and local orders.

California Family Rights Act (CFRA) Parents Employed by the Same Employer

Spouses and unmarried parents that share a child and are employed by the same employer can take a total of 12 workweeks of CFRA leave altogether. This is the only time that this limitation applies. In contrast - FMLA says only married spouses are limited to 12 weeks, and the limitation can apply for baby bonding OR caring for a parent with a serious health condition.

Tell me about a time you recovered from a difficult situation.

Stepping in for Patrick's dep 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

· Describe a situation when you felt overwhelmed with work. How did you handle the pressure and tiredness?

Studying for the bar exam 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

How have you leveraged data to develop a strategy?

Survey of all clients' locations to develop legal digest strategy SITUATION TASK ACTION RESULT 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

NJ COVID-19 Response: Updates to TDI

TDI = Temporary Disability Insurnace S2304 also expanded the definition of "serious health condition" to allow employees within the state of New Jersey to benefit from TDI and FLI benefits during a public health emergency.

Tell me about a time when you took a calculated risk.

Taking over Patrick's deposition It was awful SITUATION TASK ACTION RESULT 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

We've all had to work with people that don't like us. How do you deal with someone that doesn't like you?

Talking to managers to advise them SITUATION TASK ACTION Call on the phone. Acknowledge the frustration. Counter each emotion - what are you specifically worried with happen; this is how we're going to address it. RESULT 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

What is your greatest strength.

Tenacity. 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

New York Disability Insurance Benefits If an employee quits his or her job, may that employee receive Disability Benefits?

Termination of employment may affect an employee's right to Disability Benefits

New Jersey Family Leave

The FLI program provides employees who contribute to the state plan or an approved private plan with up to six weeks of paid family leave, which can be used to provide care for a seriously ill or injured family member. The leave can be taken intermittently. The FLI program provides that until June 30, 2020, claimants are paid two-thirds of their average weekly wage, up to a maximum of $667 per week. As of July 1, 2020, claimants will be paid 85 percent of their average weekly wage, up to a maximum of $881 per week. Following the signing of S2304, the already existing FLI program may now be used by individuals who need to care for a relative or loved one with COVID-19 or symptoms of COVID-19.New Jersey employers that employ 30 or more employees, including employees outside of New Jersey, for each working day during each of 20 or more workweeks in the current or preceding calendar year should include this statement in their handbook. All 30 employees do not have to be in New Jersey - even employees that work outside of New Jersey are included in determining whether an employer is a covered employer. In some situations, employees of a subsidiary or related entity also must be considered (i.e., depending on interrelationship of employer's operation, degree of centralized control of labor relations, existence of common management and/or degree of common ownership or financial control). New Jersey employers are required to maintain and provide employees with written guidelines regarding New Jersey Family Leave Act (NJFLA) benefits and may fulfill this requirement through a policy statement in an employee handbook. Customizable Handbook Statement Family Leave We recognize that employees may need to be absent from work for an extended period of time for family-related reasons. Accordingly, the Company will grant time off to employees in accordance with the requirements of the federal Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA). When both the FMLA and NJFLA apply, the leave provided by each will count against the employee's entitlement under both laws and must be taken concurrently. An employee who is eligible for leave under only one of these laws will receive benefits in accordance with that law only. The following policy addresses employee rights under the NJFLA. Employees should refer to the National Handbook for additional details regarding the FMLA. Questions concerning this policy should be directed to Human Resources [or insert name of appropriate company representative or department]. Leave Entitlement and Eligibility Employees who work in New Jersey, or who perform some work in New Jersey and have their work directed and controlled from New Jersey, may be eligible for leave under the NJFLA. To be eligible for leave, employees must have been employed by the Company for at least 12 months and have worked at least 1,000 base hours (including regular time, overtime, workers' compensation leave and military leave) during the 12-month period immediately preceding the leave. The Company may deny leave for certain highly compensated employees. Eligible employees are entitled to 12 weeks of unpaid leave in a 24-month period. A 24-month period is determined by [insert method for determining the 24-month period, e.g., the calendar year; a fixed 12-month leave year (such as a fiscal year); a 24-month period measured forward from the start date of the employee's first NJFLA leave; or a rolling 24-month period measured backward from the date an employee uses NJFLA leave]. When two employees from the same family (e.g., spouses or siblings) request leave at the same time, the Company will allow each employee up to 12 weeks of unpaid leave, so long as the employee is otherwise eligible for leave. Permissible Uses of NJFLA Leave Eligible employees may take family leave for the: Birth of a child (including a child born according to a valid written agreement between the employee and a gestational carrier); The placement of a child for adoption or foster care with the employee; or Serious health condition of a covered family member. A covered "family member" includes: A child (meaning a biological, adopted or foster child; a resource family child; a stepchild; a legal ward; or a child of a parent, including a child who becomes the child of a parent according to a valid written agreement between the parent and a gestational carrier); A parent (meaning a biological, adoptive or foster parent; a resource family parent; a stepparent; a parent-in-law; or a legal guardian who has a parent-child relationship with a child, who has sole or joint legal or physical custody, care, guardianship or visitation with a child; or who became the parent of a child according to a valid written agreement with a gestational carrier); A sibling; A grandparent; A grandchild; A spouse, domestic partner or a partner in a civil union couple; or Any other individual related by blood to the employee or with whom the employee shows a close association that is the equivalent of a family relationship. A "serious health condition" means an illness, injury, impairment or physical or mental condition that requires inpatient care in a hospital, hospice or residential medical care facility or continuing medical treatment or continuing supervision by a health care provider. Leave for the birth of a child or for the placement of an adopted child must begin within one year after the child's birth or placement for adoption or foster care. When a leave is covered by both the FMLA and the NJFLA, the leave will simultaneously count as part of the employee's entitlement under both laws. However, a leave granted due to the employee's own serious health condition under the FMLA is not covered by the NJFLA. As a result, a leave of 12 weeks to care for the employee's own serious health condition under the FMLA may be followed by an additional 12-week leave to care for a family member under the NJFLA. This may result in a combined leave period under both laws of up to 24 weeks. Requesting Leave Employees requesting leave on a continuous basis must provide at least 30 days' advance notice to the Company before beginning NJFLA leave, unless emergent circumstances warrant shorter notice. Employees must provide prior notice of the leave in a reasonable and practicable manner, unless an emergency or other unforeseen circumstance precludes prior notice. [OPTIONAL: Notice must be in writing, except that employees may provide verbal notice in emergency situations when written notice is impracticable, as long as they subsequently provide written notice.] Employees must make a reasonable effort to schedule NJFLA leave in a manner that does not unduly disrupt Company operations. Certification for Leave A request for NJFLA leave must be supported by certification issued by a duly licensed or other acceptable health care provider. If a completed certification is not returned in a timely manner, the leave may be denied. If the Company has reason to doubt the validity of the certification, we may require a second (and in some cases a third) medical opinion at the Company's expense. [OPTIONAL: The Company may require any employee requesting leave to sign a certification setting forth the purpose for which the employee is requesting leave. Any employee who refuses to sign the certification or who falsely certifies the purpose of their leave may be denied leave.] [OPTIONAL: The Company may discipline any employee who falsely certifies his or her reason for leave.] Intermittent or Reduced Schedule Leave Employees can elect to take NJFLA leave on a reduced leave schedule basis. However, a reduced schedule may not last longer than 12 months for any one period of leave. In addition, leave to care for a family member with a serious health condition may be taken on a reduced schedule or an intermittent basis when medically necessary only if: The total time within which the leave is taken does not exceed 12 months for each serious condition episode; The employee provides the Company with a copy of a certification from the family member's health care provider; The employee provides the Company with prior notice of the leave at least 15 days before the first day of the leave, unless an emergency or other unforeseen circumstance precludes prior notice; and The employee makes a reasonable effort to schedule leave so as not to unduly disrupt the Company's operations. An intermittent leave taken in connection with a single serious health condition may not exceed 12 months. With advance notice and if certain conditions are met, employees can take leave for the birth, adoption or placement of a child in foster care on an intermittent basis. Employees must make a reasonable effort to schedule intermittent or reduced schedule leave so that it does not unduly disrupt the Company's business operations. The Company may require employees on reduced schedule or intermittent leave to temporarily transfer to an available alternative position for which the employee is qualified and that better accommodates a recurring period of leave than does the employee's regular position. The alternative position will have pay and benefits equivalent to the employee's regular position. Upon returning from a reduced schedule or intermittent leave, the employee will be placed in the same or an equivalent job as the one he or she left when the leave began. Compensation and Benefits During Leave Leaves of absence under this policy are generally without pay. However, some employees may be eligible for temporary disability benefits or paid leave benefits and should consult the Company's temporary disability benefits and paid family leave insurance policies. In addition, employees who have accrued paid leave (e.g., sick, vacation or personal time) may use that time during their approved NJFLA leave. Employees will be permitted to continue employment benefits during the leave at the same level and under the same conditions that coverage would have been provided had the employee continued in employment and not taken leave. Outside Employment Employees may not take a new full-time position while on leave. Employees can take a new part-time job as long as it does not exceed half of the employee's regularly scheduled hours worked for the Company. Employees may also continue full-time or part-time employment they had prior to the leave. Return From Leave Employees generally will be restored to their original position or to a position with equivalent pay, benefits and other terms and conditions of employment. However, employees have no greater right to continued employment than if they had not taken the leave. [OPTIONAL if consistent with policy regarding other leaves of absence or if the employer has no policy either permitting or denying early return from leave: Employees wishing to return to work prior to a leave's prearranged end date may do so if the early return would not cause the Company undue hardship.] Reinstatement may be denied if: During the leave, the employee's job would have been terminated or the employee would have been laid off for reasons unrelated to the leave; or The employee performed unique services and hiring a permanent replacement during the leave, after giving reasonable notice to the employee of the intent to do so, was the only way for the Company to prevent substantial and grievous economic injury to its operations. Certain highly compensated employees (those earning pay in the top 5%) may be denied leave or reinstatement if necessary to prevent substantial and grievous economic injury to the Company's business. If an employee falls within this category, he or she will be advised by the Company of any decision to deny leave. Retaliation The Company will not interfere, restrain or deny the exercise of any rights provided under this policy. If an employee believes that his or her NJFLA rights have been violated in any way, he or she should immediately report the matter to Human Resources [or insert name/contact details for appropriate company representative or department]. Guidance for Employers This statement is intended to be used together with a federal Family and Medical Leave Act (FMLA) policy statement. Under the FMLA, employees are eligible for up to 12 weeks of unpaid leave in a 12-month period, while under the New Jersey Family Leave Act (NJFLA), employees are eligible for up to 12 weeks in a 24-month period. Employers may choose the method of measuring the 12-month (FMLA) or 24-month (NJFLA) period during which the 12 weeks of leave may be taken. For example, the employer may use a calendar year or any fixed 12-month leave year. However, employees must be notified of the 12-month calculation method chosen, and the method chosen must be applied consistently and uniformly to all employees. Employers wishing to change to another method are required to give at least 60 days' notice to all employees, and the transition must take place in such a way that employees retain the full benefit of 12 weeks of leave under whichever method affords the greatest benefit to them. Employees are eligible for NJFLA leave if the employee has worked for a covered employer for at least 12 months of service and has worked at least 1,000 base hours during the immediately preceding 12-month period. "Base hours" means hours for which an employee receives compensation, including regular hours, overtime hours, hours for which the employee receives workers' compensation benefits and hours the employee would have worked except for military service. To determine the base hours per week to be credited for each week the employee was on layoff or furlough, the employer must average the employee's number of hours worked per week during the rest of the 12-month period. When determining eligibility for NJFLA leave, an employer must consider an employee employed for any time, up to a maximum of 90 calendar days, during which the employee is laid off or furloughed because the employer curtailed operations because of a declared state of emergency. A "state of emergency" is a natural or man-made disaster or emergency for which a state of emergency has been declared by the US President or the Governor, or for which a state of emergency has been declared by a municipal emergency management coordinator. NJFLA leave can be taken for the birth of a child, adoption of a child, placement of a child for foster care, or a family member's serious health condition. Unlike the FMLA, the NJFLA does not cover an employee's serious health condition. "Family member" means a child, parent, parent-in-law, spouse, partner in a civil union couple, sibling, grandparent, grandchild, domestic partner, any other individual related by blood to the employee and any other individual that the employee shows to have a close association with the employee that is the equivalent of a family relationship. "Child" means a biological, adopted or resource family child, stepchild, legal ward, child of a parent, foster child and a child who becomes the child of a parent according to a valid written agreement between the parent and a gestational carrier. "Parent" means a biological parent, adoptive parent, resource family parent, stepparent, parent-in-law, legal guardian, foster parent, person who became the parent of a child according to a valid written agreement between the parent and a gestational carrier, and a person having a parent-child relationship with a child as defined by law, or having sole or joint legal or physical custody, care, guardianship or visitation with a child. Employers must grant family leave to more than one employee from the same family at the same time provided each employee is eligible for the leave. Same-sex marriage is legal in all 50 states and the District of Columbia. Accordingly, an employer must provide NJFLA and FMLA leave to eligible same-sex spouses. When medically necessary, leave may be taken intermittently or on a reduced schedule for a family member with a serious health condition if:The total time period within which the leave is taken does not exceed 12 months for each serious health condition episode;The employee provides the employer with a copy of a certification from the family member's health care provider;The employee provides the employer with prior notice of the leave not less than 15 days before the first day of the leave, unless an emergency or other unforeseen circumstance precludes prior notice; andThe employee makes a reasonable effort to schedule leave so as not to unduly disrupt the employer's operations. Leave can also be taken on a reduced schedule basis for the foster care placement, birth or adoption of a healthy child, so long as there is an agreement between the employee and employer. Leave for foster care placement, adoption or birth of a child can also be taken on an intermittent basis, so long as the employee:Provides the proper notice (15 days absent an emergency);Makes an effort to schedule leave in a manner that does not unduly disrupt operations; andIf possible, provides the employer, prior to the commencement of intermittent leave, with a regular schedule of the days or days of the week on which the intermittent leave will be taken. The NJFLA is somewhat unclear on what, if any, parameters or requirements there are for intermittent baby bonding leave. For example, it is not entirely clear whether employees are permitted to take intermittent leave as partial day leave or only in full day increments. It is also not clear whether the employee must make some required showing for intermittent bonding leave (e.g., provide a certification or a set schedule), as the employee is required to do for intermittent leave for a serious health condition. These ambiguities may ultimately be clarified by regulation. In the meantime, however, employers should exercise caution when handling (and particularly when denying) employee requests for intermittent bonding leave. An employee is entitled to take NJFLA leave on a reduced schedule not to exceed 12 consecutive months for any one period of leave. Reduced leave schedule means leave scheduled for fewer than an employee's usual number of hours worked per workweek but not for fewer than an employee's usual number of hours worked per workday, unless agreed to by the employee and the employer. When need for leave is foreseeable, employees must provide notice no later than:15 days before the leave when using intermittent leave to care for a family member with a serious health condition; or30 days before the leave for all other leave. The notice periods apply except where emergent circumstances warrant shorter notice. Employers may require that a leave request be supported by certification issued by a duly licensed health care provider or other acceptable health care provider. When leave is for a serious health condition of a family member, certification is sufficient if it states the date on which the serious health condition commenced, the probable duration of the condition and medical facts within the provider's knowledge regarding the condition. Where certification is for the birth or placement of a child, the certification need only state the date of birth or placement. Employers may require employees on an intermittent or reduced schedule leave to temporarily transfer to an available alternative position that better accommodates recurring periods of leave, as long as the position has equivalent pay and benefits to the employee's regular position. Employees must make a reasonable effort to schedule a reduced schedule leave so as not to unduly disrupt the employer's operations, and must provide advance notice in a reasonable and practicable manner. If an employer doubts the validity of the certification provided, it may require a second opinion, and in some instances a third opinion, at its own expense. If an employer seeks a second opinion, the health care provider may not be employed by the employer on a regular basis. A third health care provider must be designated or approved jointly by the employer and the employee concerning the serious health condition. Third opinions, if necessary, are final and binding on the employer and employee. Third opinions, if necessary, are binding. Employers may also require employees to sign a form certifying the purpose for which the employee is requesting leave, but may not require the employee to attest to additional facts. An employee who refuses to sign a certification may be denied leave. The form must contain a statement warning employees of the consequences of refusing to sign the form or falsely certifying it. An eligible employee can elect to use any vacation leave, personal leave, medical or sick leave or any family temporary disability insurance benefits during any part of the unpaid NJFLA leave, but the employer cannot require use of the paid leave. Any such paid leave will run concurrently with the unpaid NJFLA leave. Employees are entitled to be reinstated to the same position or an equivalent position with like seniority, status, benefits, pay and other terms and conditions of employment, unless they would have lost their job in a bona fide layoff even if they were not on leave. Laid off employees retain all rights under any applicable layoff and recall system. The NJFLA includes a key employee exception. Employers may deny NJFLA leave to an employee if: 1) the employee is a salaried employee who is among the highest paid five percent of the employer's employees or the seven highest paid employees, whichever is greater; 2) the denial is necessary to prevent substantial and grievous economic injury to the employer's operations; and 3) the employer notifies the employee of its intent to deny leave at the time the employer determines denial is necessary. If the leave has already begun, the employee must return to work within 10 workdays of the notification. The NJFLA differs from the FMLA's key employee distinction in that:Under the NJFLA, a key employee is considered among the top five percent of paid employees (as opposed to top 10 percent in the FMLA);Under the NJFLA an employer can deny leave, rather than deny reinstatement under the FMLA; andThe NJFLA requires that the employee return to work within 10 working days of an employer's notification of its intent to deny leave. Whereas, under the FMLA, a reasonable amount of time must be given. An employee's entitlement to return to work prior to the prearranged date is governed by the employer's policy with respect to other leaves. Download the New Jersey Family Leave Act poster, required for all employers covered under the NJFLA. Covered employers must conspicuously display the poster in places easily visible to all employees and applicants. Employers are prohibited from interfering with employees' rights and discriminating or retaliating against employees for exercising the right to take leave. Supervisors should be trained regarding how to respond to requests for leave so that they do not take any adverse actions (e.g., termination, demotion) against employees who are eligible for leave and who request or take leave.

California New Parent Leave Act (NPLA) Employee Notice Requirements

The NPLA does not address an employee's notice obligations. However, NPLA regulations providing a model notice for employers to display (discussed above) says that employees must, if possible, provide at least 30 days' advance notice for foreseeable absences (e.g., birth of a child, planned medical treatment). For unforeseeable absences, an employee must provide notice (at least verbally) as soon as the employee learns of the need for leave. Failure to comply with these notice rules may be grounds for deferral of the requested leave until the employee complies.

New York Pregnancy Accommodation

The New York Human Rights Law (NYHRL) makes it an unlawful discriminatory practice to refuse to provide a reasonable accommodation for an employee's or applicant's known pregnancy-related conditions in connection with a job or occupation sought or held. Both the State Law and City Law indicate that an employer is not required to provide an accommodation that would cause an undue hardship on the employer's business.

New Jersey Temporary Disability Insurance

The TDI program provides employees who contribute to the state plan or an approved private plan with up to 26 weeks of temporary disability benefits. The TDI program provides that until June 30, 2020, claimants are paid two-thirds of their average weekly wage, up to a maximum of $667 per week. As of July 1, 2020, claimants will be paid 85 percent of their average weekly wage, up to a maximum of $881 per week. Following the signing of S2304, the already existing TDI program may now be used by individuals who have COVID-19 or symptoms of COVID-19, or who are advised by a healthcare provider or public health authority to self-quarantine. TDI may also be used by healthcare providers who are exposed to COVID-19 at work and are recommended by a medical professional to self-quarantine.

California Pregnancy Disability Leave Verification of need for leave

The employer may require medical certification.

New Jersey Family Leave Act Reasons for Leave

The following are the circumstances under which an eligible employee may qualify for NJFLA leave: -- The birth of a child of the employee, including a child born according to a valid written agreement between the employee and a gestational carrier; -- The placement of a child for adoption or foster care with the employee; -- The serious health condition of a covered family member; or *New* -- When a state of emergency has been declared by the Governor, or when indicated that it is needed by the Commissioner of Health or other public health authority, an epidemic of a communicable disease, a known or suspected exposure to a communicable disease or efforts to prevent the spread of a communicable disease.

Tell me about a time you had to quickly adjust your work priorities to meet changing demands.

The pandemic SITUATION - Coronavirus shifted all priorities. New landscape. All ongoing projects were pushed aside so that client could deal with the virus' effects. Very quickly went to firefighting mode. TASK - I was tasked with educating the group on how existing and new emergency laws and rules could affect the workplace, but also tasked with issuing out client alerts about new laws, creating policies/procedures templates. All other projects placed on backburner. I was answering team eamisl all day rather than performing any work. ACTION - Instituting morning meetings. Everyone's questions answered together. Needed to prioritize client communications. Pushed back deadlines. RESULT - We created an effective system. 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

California Family Rights Act (CFRA) "Year" Measurement

The same as FMLA. (1) Calendar year; (2) Any fixed 12 month period; (3) 12-month period measured forward from the date an employee's first CFRA leave begins; (4) A rolling 12-month period measured backward from the date an employee first takes a family/medical leave.

EEOC: If a job may only be performed at the workplace, are there reasonable accommodations for individuals with disabilities absent undue hardship that could offer protection to an employee who, due to a preexisting disability, is at higher risk from COVID-19?

There may be reasonable accommodations that could offer protection to an individual whose disability puts him at greater risk from COVID-19 and who therefore requests such actions to eliminate possible exposure. Even with the constraints imposed by a pandemic, some accommodations may meet an employee's needs on a temporary basis without causing undue hardship on the employer. Low-cost solutions achieved with materials already on hand or easily obtained may be effective. If not already implemented for all employees, accommodations for those who request reduced contact with others due to a disability may include changes to the work environment such as designating one-way aisles; using plexiglass, tables, or other barriers to ensure minimum distances between customers and coworkers whenever feasible per CDC guidance or other accommodations that reduce chances of exposure. Flexibility by employers and employees is important in determining if some accommodation is possible in the circumstances. Temporary job restructuring of marginal job duties, temporary transfers to a different position, or modifying a work schedule or shift assignment may also permit an individual with a disability to perform safely the essential functions of the job while reducing exposure to others in the workplace or while commuting.

California New Parent Leave Act (NPLA) Reasons for Leave

To bond with a child following birth/adoption/placement.

New York Pregnancy Accommodation Lactation Accommodation

Under New York's lactation accommodation law, employers must make reasonable efforts to provide a room or other location, in close proximity to the work area, where an employee can express her milk in privacy. Employers must also provide reasonable unpaid break time or permit an employee to use paid rest or meal period time each day to express breast milk for her nursing child for up to 3 years following birth of the child.

New Jersey Paid Sick and Safe Leave

Under the ESL requirements, employers of all sizes must provide full-time, part-time and temporary employees with up to 40 hours of earned sick leave per year. This earned sick leave is paid at the employee's regular rate of pay, or, for an employee whose pay fluctuates, according to the employee's average total earnings, exclusive of overtime pay, for the seven most recent working days. Employees accrue one hour of earned sick leave for every 30 hours worked, up to a maximum of 40 hours of leave per benefit year. An employer may choose to advance employees with at least 40 hours of leave per benefit year for use throughout the benefit year. New Jersey employers should include this statement in their handbook to educate employees about the availability of paid sick and safe leave and to show their compliance with New Jersey's earned sick and safe leave law (ESSLL). The ESSLL applies to any person, firm, business, educational institution, nonprofit agency, corporation, limited liability company or other entity that employs employees in New Jersey, including a temporary help service firm. In the case of a temporary help service firm placing an employee with client firms, earned sick leave accrues based on the total time worked on assignment with the temporary help service firm, not separately for each client firm to which the employee is assigned. An employer does not include a public employer that is required to provide employees with sick leave with full pay under any other state law, rule or regulation. There is no exemption for smaller employers. Customizable Handbook Statement Paid Sick and Safe Leave (Accrual Method) The Company provides eligible employees with paid sick and safe leave in accordance with the requirements of New Jersey's earned sick and safe leave law (ESSLL). Eligibility Employees (including those working on a full-time, part-time or temporary basis) are generally eligible to accrue paid sick and safe leave. [INCLUDE FOR HOSPITAL SYSTEMS AND LICENSED HEALTH CARE FACILITIES: Eligible employees do not include per diem health care employees who: Are either health care professionals licensed in or applying for a license in New Jersey and employed by a licensed health care facility or are first aid, rescue or ambulance squad members employed by a hospital system; Work on an as-needed basis and only when available; and eitherHave the opportunity for full-time or part-time employment under a health care provider that offers paid time off benefits greater in length than provided under the ESSLL; orHave waived paid sick and safe leave benefits provided by the ESSLL for alternative benefits or consideration.] Reasons Sick and Safe leave May be Used Employees may use paid sick and safe leave for the following reasons: The employee's or the employee's family member's mental or physical illness, injury or health condition; For the diagnosis, care or treatment of the employee's or the employee's family member's mental or physical illness, injury or health condition; For preventive medical care for the employee or the employee's family member; The employee or the employee's family member is a victim of domestic or sexual violence (including stalking) and needs to obtain:Medical attention;Services from a designated domestic violence agency or other victim services organization;Psychological or other counseling;Relocation; orLegal services, including obtaining a restraining order or preparing for or participating in a civil or criminal legal proceeding related to the domestic or sexual violence. The employee's workplace or the employee's child's school or place of care is closed by order of a public official due to an epidemic or other public health emergency; Public health authorities have determined that the presence of the employee or the employee's family member in the community may jeopardize the health of others; To attend a child's school-related conference, meeting, function or other event requested or required by a school administrator, teacher or other professional staff member responsible for the child's education; and To attend a meeting regarding a child's care in connection with the child's health condition or disability. For purposes of this policy, "family member" includes an employee's: Child (including a biological, adopted, foster or stepchild, a legal ward, and the child of a domestic partner or civil union partner); Parent (including a biological, adoptive, foster or stepparent; legal guardian; parent of a spouse, domestic partner or civil union partner; a person who stood in loco parentis when the employee was a minor; and a parent's spouse, domestic partner or civil union partner); Spouse, civil union partner or domestic partner; Sibling (including a biological, adopted or foster sibling and a sibling of a spouse, domestic partner or civil union partner); Grandparent (including a grandparent's spouse, domestic partner or civil union partner); Grandchild; and Any other individual related by blood to the employee or whose close association with the employee is the equivalent of a family relationship, including any person with whom the employee has a significant personal bond that is, or is like, a family relationship, regardless of biological or legal relationship. The Company will not count employees' use of sick and safe leave in compliance with this policy as an absence when evaluating absenteeism. Therefore, any such use of sick and safe leave will not count as an "occurrence" under any Company policy. An employee who uses paid sick and safe leave for an unauthorized purpose may be subject to discipline, up to and including termination. Accrual and Use of Sick and Safe Leave Eligible employees began to accrue paid sick and safe leave under the ESSLL on October 29, 2018, or the employee's first day of work, whichever is later. Sick and safe leave accrues at a rate of one hour of paid sick and safe leave for every 30 hours worked. [Insert if employees previously accrued paid sick and safe leave under a now preempted local paid sick leave law: Employees will retain paid sick and safe leave already accrued under the [insert policy title] prior to October 29, 2018. Previously accrued sick and safe leave will be treated under the same terms and conditions as set forth in this policy.] For exempt employees who are not required to record their hours worked, the Company will presume for the purpose of calculating paid sick and safe time accrual that the employee works 40 hours per week. Eligible employees may accrue up to a maximum of 40 hours of paid sick and safe leave in a given [insert the company's preferred regular and consecutive 12-month period of time established by the employer, e.g., calendar year, tax year, fiscal year, employment or anniversary year]. Eligible employees may use paid sick and leave accrued under this policy and the ESSLL beginning on the 120th calendar day after their employment with the Company began. Paid sick and safe leave may be used in increments of [insert chosen increment, not to exceed the number of hours the requesting employee was scheduled to work]. Eligible employees may use up to 40 hours of paid sick time in a [insert the company's preferred regular and consecutive 12-month period of time, e.g., calendar year, tax year, fiscal year, employment or anniversary year]. Employees are not required to search for or find an employee to cover their work in order to take paid sick and safe leave. Requesting Sick and Safe Leave and Documentation When the need for paid sick and safe leave is foreseeable, employees must provide notice of the need for leave and its expected duration at least [insert number of days, not to exceed seven] calendar days prior to the start of the leave. Employees must make reasonable efforts to schedule the use of paid sick and safe leave in a manner that does not unduly disrupt Company operations. If the need for paid sick and safe leave is unforeseeable, employees should provide notice of the need for leave and its expected duration as soon as practicable. To provide notice of the need to use paid sick and safe leave, employees should contact their supervisor [or insert name/contact details for appropriate company representative or department] by [insert method of contact, e.g., call-in procedure, calling a designated phone number, etc.]. If paid sick and safe leave is used for three or more consecutive workdays, the Company may require that the employee provide reasonable documentation that the paid sick and safe leave was used for a qualifying reason. For a medical-related absence, an employee can satisfy this requirement by providing documentation signed by a health care professional that indicates the need for leave and, if possible, the amount of leave required. For leave related to domestic or sexual violence, the employee can provide any of the following documents: Medical documentation; A law enforcement agency record or report; A court order; Documentation that the perpetrator of the domestic or sexual violence has been convicted of a domestic or sexual violence offense; Certification from a certified domestic violence specialist or a representative of a designated domestic violence agency or other victim services organization; or Other documentation or certification provided by a social worker, counselor, member of the clergy, shelter worker, health care professional, attorney, or other professional who has assisted the employee or covered relation in dealing with the domestic or sexual violence. For leave related to an epidemic or other public health emergency, the employee can provide a copy of the order of the public official or the determination by the health authority. [OPTIONAL: Employees are not allowed to use sick and safe leave for foreseeable absences on the following dates: [insert dates] (the "Blackout Dates"). When paid sick and safe leave is used for unforeseeable reasons on one of the Blackout Dates, employees will be required to provide reasonable documentation supporting the need for leave.] Confidentiality Health information and information pertaining to domestic or sexual violence related to an employee or the employee's family member will be treated as confidential and not disclosed except to the affected employee or with that employee's permission, unless otherwise required by applicable law. Leave Carryover Employees who have accrued, unused paid sick and safe leave time remaining at the end of every year may carry over up to 40 hours from one year to the next. Rate of Pay Paid sick and safe leave is compensated at the same rate of pay and with the same benefits an employee normally earns, or at the state minimum wage (whichever is greater). Integration with Other Benefits It is an employee's responsibility to apply for any applicable benefits for which the employee may be eligible as a result of illness or disability, including temporary disability insurance, family leave insurance, workers' compensation insurance, and any other disability insurance benefits. If an employee elects to integrate paid sick and safe leave with other paid benefits, the Company will integrate all paid benefits such that an employee will not be paid more than his or her regular compensation at any time. Separation from Employment Compensation for accrued and unused paid sick and safe leave is not provided upon separation from employment for any reason. If an employee is rehired by the Company within six months of separation from employment, previously accrued but unused paid sick and safe leave will immediately be reinstated. The previous period of employment will be counted for purposes of determining the employee's eligibility to use paid sick and safe leave. Retaliation Prohibited The Company will not discriminate or retaliate against employees, or tolerate discrimination or retaliation against employees, because they request or use paid sick and safe leave in accordance with this policy and/or the ESSLL, file a complaint alleging a violation of the ESSLL or inform any other person of his or her rights under the ESSLL. Effect on Other Rights and Policies The Company may provide other forms of leave for employees to care for medical conditions or for reasons related to domestic or sexual violence or family leave under certain federal and state laws. In certain situations, sick and safe leave under this policy may run at the same time as leave available under another federal or state law, provided eligibility requirements for that law are met. The Company is committed to complying with all applicable laws. Employees should contact their Human Resources representative [or insert name/contact details for appropriate company representative or department] for information about other federal and state medical, domestic or sexual violence or family leave rights. Guidance for Employers Under New Jersey's earned sick and safe leave law (ESSLL), a covered New Jersey employer must provide paid sick and safe leave to eligible employees. The state law preempts existing local paid sick leave laws and prohibits counties and municipalities from adopting paid sick leave laws going forward. This paid sick and safe leave statement may require significant customization to meet a particular employer's needs and/or to integrate with existing paid time off (PTO) policies. For example, if an employer has a PTO policy (including personal days, vacation days, sick days, etc.) that provides a sufficient amount of paid time off to comply with the law, and allows the time to be used in a manner consistent with the law, it need not provide additional earned sick and safe leave. However, it is important to ensure that the employer addresses any discrepancy or shortfall with regard to the law's requirements, such as covered employees, rates of accrual, permissible reasons for use, recordkeeping obligations, notice requirements and carryover. Also, employers using an existing PTO program to comply with the ESSLL must allow employees to use all of the available PTO for any of the ESSLL's covered purposes and comply with other requirements as well. Work with legal counsel to integrate existing paid leave benefits with required paid sick and safe leave. The sample policy statement provided assumes an accrual method, by which employees accrue time as they work. Instead of taking this accrual approach, an employer is allowed to frontload sick and safe leave by providing employees with 40 hours of sick and safe leave on the first day of each benefit year. However, an employer that chooses to frontload sick and safe leave must either pay for the full amount of unused sick and safe leave in the final month of the employer's benefit year or carry over any unused sick and safe leave (subject to the carryover cap) to the next benefit year. The employer may pay the employee the full amount of unused sick and safe leave in the final month of a benefit year only if the employer forgoes the accrual process during the next benefit year with respect to that employee. A "benefit year" is defined under the ESSLL as the period of 12 consecutive months established by an employer (e.g., tax year, fiscal year). After an employer establishes the starting date of the benefit year, it may not change the benefit year unless the employer notifies the Commissioner of Labor and Workforce Development at least 30 calendar days before the proposed change. The notice must:Be in writing;Specify the existing benefit year;Specify the proposed new benefit year;Indicate the effective date of the new benefit year;Indicate the reason for the change in benefit year; andInclude a current list of employees with corresponding contact information, including phone number and home address, and a corresponding history of accrual, use, payment, payout, and carryover of earned sick leave for each employee for the preceding two benefit years. The New Jersey Department of Labor (NJDOL) published an FAQ which states that employers must use a single benefit year for all employees. One implication of this FAQ would be that employers could not define the benefit year based upon an employee's anniversary year. However, the NJDOL has since indicated that it will propose a new rule in the future to enable employers to establish multiple benefit years. Employers who wish to use an anniversary year as their benefit year should be aware of this evolution in the NJDOL's enforcement position and consult legal counsel as needed to evaluate the risk of using such a year before the new rules are issued. The ESSLL applies to all employees generally (i.e., each employee working for the employer, for compensation, in New Jersey). The ESSLL does not apply to employees covered by a collective bargaining agreement (CBA) in effect on October 29, 2018, when the ESSLL took effect, until the CBA expires. Employees or employee representatives may waive the rights or benefits provided under the ESSLL during the negotiation of a CBA. An employee does not include:A construction industry employee working under a CBA;A per diem health care employee; andA public employee who receive paid sick leave under any other state law, rule or regulation. A "per diem health care employee" is defined under the ESSLL as a health care professional who is licensed or applying for a license in New Jersey and is employed by a licensed health care facility or any first aid, rescue or ambulance squad member employed by a hospital system who works on an as-needed basis and only when he or she is available, and either:Has the opportunity for full-time or part-time employment in his or her scope of practice under a health care provider that offers paid time off benefits greater in length than provided under the ESSLL under the terms of employment; orHas waived earned sick leave benefits provided by the ESSLL under terms of employment for alternative benefits or consideration. A per diem health care employee does not include any individual who is certified as homemaker-home health aide. A health care professional is a person licensed under federal, state or local law, or the laws of a foreign nation, to provide health care services, or any other person authorized to provide health care by a licensed health care professional (e.g., doctors, nurses and emergency room personnel). The ESSLL also does not apply to properly classified independent contractors. An employee may use earned sick and safe leave for any of the following reasons:The employee's or a family member's diagnosis, care, treatment of or recovery from a mental or physical illness, injury or other adverse health condition, or need for preventive medical care;The employee or a family member is a victim of domestic or sexual violence (including stalking) and needs to obtain:Medical attention;Services from a designated domestic violence agency or other victim services organization;Psychological or other counseling; orLegal services, including obtaining a restraining order or preparing for or participating in a civil or criminal legal proceeding;Closure of the employee's workplace or a child's school or place of care by order of a public official due to an epidemic or other public health emergency;A public health authority determines that the employee's or a family member's presence in the community would jeopardize the health of others;To attend a child's school-related conference, meeting, function or other event requested or required by a school administrator, teacher or other professional staff member responsible for the child's education; andTo attend a meeting regarding a child's care in connection with the child's health condition or disability. A "family member" means an employee's:Spouse, domestic partner or civil union partner;Child (including a biological, adopted, foster or stepchild; a legal ward; and a child of a domestic partner or civil union partner);Grandchild;Sibling (including a biological, adopted or foster sibling, and a sibling of a spouse, domestic partner or civil union partner);Parent (including a biological, adoptive, foster or stepparent; legal guardian; a person who stood in loco parentis when the employee was a minor; a parent of a spouse, domestic partner or civil union partner; and a parent's spouse, domestic partner or civil union partner);Grandparent (including a grandparent's spouse, domestic partner or civil union partner); andAny other individual related by blood to the employee or whose close association with the employee is the equivalent of a family relationship, including any person with whom the employee has a significant personal bond that is, or is like, a family relationship, regardless of biological or legal relationship. An employer has the right to take disciplinary action against an employee who uses earned sick and safe leave for purposes other than those allowed by law. Employees may also be entitled to leave for reasons related to domestic violence or a sexually violent offense under the New Jersey Security and Financial Empowerment Act (NJ SAFE Act). Under the NJ SAFE Act, employers with 25 or more employees must provide leave for employees who meet certain eligibility requirements and are a victim of domestic violence or a sexually violent offense or have a family member (as defined in the law) who is a victim. Covered employees are entitled to up to 20 days of unpaid leave in a 12-month period. Each incident of domestic violence or sexually violent offense is a separate offense for which an employee is entitled to unpaid leave, if the employee has not exhausted the allotted 20 days for the 12-month period. Qualifying unpaid leave may be taken intermittently in intervals of at least one day, as needed for reasons that are very similar to the covered uses for "safe leave" under the ESSLL. An eligible employee may elect (or an employer may require the employee) to use any accrued paid vacation leave, personal leave, or medical or sick leave during any part of the 20-day period of unpaid NJ SAFE Act leave. In these cases, any paid leave provided and accrued pursuant to an employer's established policies runs concurrently with the unpaid NJ SAFE Act leave. Employees accrue one hour of earned sick leave for every 30 hours worked, up to 40 hours in a benefit year. Rules implementing the ESSLL state that when an employer does not record hours worked for an employee because the employee is exempt under either the federal Fair Labor Standards Act (FLSA) or the New Jersey Wage and Hour law, the employer may either:Record the actual hours worked for that employee for the purpose of calculating earned sick leave accrual; orPresume, solely for the purpose of calculating earned sick leave accrual, that the employee works 40 hours per week. For any employee who is hired and commences employment before the law's effective date, leave begins to accrue on the law's effective date unless the employee has accrued earned sick and safe leave before the law's effective date. Several New Jersey localities had paid sick and/or safe leave ordinances in effect before the passage of the New Jersey state law. Those local laws are preempted by the ESSLL, but employees retain leave previously accrued under those laws and are permitted to carry it over in accordance with ESSLL requirements. Included in this policy is language regarding the retention of such previously accrued leave, if applicable. If employment commences after the law's effective date, leave begins to accrue upon the date that employment commences. In the case of a temporary help service firm placing an employee with client firms, leave accrues on the basis of the total time worked on assignment with the temporary help service firm, not separately for each client firm to which the employee is assigned. Leave accrued under the ESSLL can be used on the 120th calendar day after employment begins unless an employer permits use earlier. An employee may subsequently use leave as soon as it is accrued. Employers can limit use of paid sick and safe leave to 40 hours per benefit year. Employers can limit carryover of paid sick and safe leave to 40 hours. Employers may choose the increment in which leave may be used. There is no minimum increment, but employers cannot require employees to use leave in any increment larger than the number of hours the employee was scheduled to work for that shift. In response to a comment on proposed regulations, the NJDOL explained that when an employer does establish a policy under which an employee may not use paid sick and safe leave in increments less than the number of hours the employee is scheduled to work in a given shift, then an employee who is scheduled to work a seven-hour shift, for example, may not take earned sick leave during that shift in an increment less than seven hours. If an employee leaves work during the shift and indicates the need to use paid sick and safe leave for the absence, then the employer may deduct the full shift hours from the worker's bank of accrued paid sick and safe leave. Upon the employee's and employer's mutual consent, an employee may voluntarily choose to work additional hours or shifts during the same or following pay period, in lieu of hours or shifts missed. An employer may not require an employee to work additional hours or shifts or use accrued earned sick and safe leave. An employer may not require, as a condition of using earned sick leave, that an employee search for or find a replacement worker to cover the hours during which the employee uses sick leave. An employer may provide an offer to an employee for a payment of unused leave in the final month of the benefit year. The employee must choose, no later than 10 calendar days from the offer date, whether to accept or decline payment. An employee who does not accept the payout offer within 10 calendar days from the offer date is considered to have declined the offer. If payment is accepted, the employee must choose payment for the full amount of unused leave or 50% of that amount. The payment amount is based on the same rate of pay the employee earns at the time of the payment. If the employee declines payment, or accepts payment for 50% of the amount of unused leave, the employee is entitled to carry forward any unused or unpaid leave to the proceeding benefit year (subject to the carryover cap provision). If the employee accepts payment for the full amount of unused leave, the employee is not entitled to carry forward any leave to the proceeding benefit year. Sick and safe leave must be paid at the same rate of pay with the same benefits as an employee normally earns, which cannot be less than the state minimum wage. The rate of pay does not have to include overtime or discretionary bonuses. For the purpose of employee benefits, when an employee takes paid sick and safe leave, it must be as if the employee worked those hours. When an employee is paid on a piecework basis, whether base wage plus piecework or piecework only, to calculate the employee's rate of pay for earned sick leave, the employer must add together the employee's total earnings for the seven most recent workdays when the employee did not take leave and divide that sum by the number of hours the employee spent performing the work during "workdays" (i.e., the days or parts of days the employee worked). When an employee has two or more different jobs for the same employer or if an employee's rate of pay fluctuates for the same job, the rate of pay for earned sick leave must be the amount that the employee is regularly paid for each hour of work as determined by adding together the employee's total earnings (excluding overtime premium pay) for the seven most recent workdays when the employee did not take leave and dividing that sum by the total hours of work during that seven-day period. For tipped employees, to calculate the employee's rate of pay, the employer should add together the employee's total earnings (excluding overtime premium pay) for the seven most recent workdays when the employee did not take leave and divide that sum by the number of hours the employee spent performing the work. Where it is not feasible to determine the employee's exact hourly rate, the employer will be deemed to have fulfilled the pay requirement if the rate of pay is based on the agreed hourly wage. Earned paid sick and safe leave cannot be paid at a rate less than the state minimum wage. According to the Department of Labor and Workforce Development's FAQs, for work or shifts of an indeterminate length (e.g., shift until closing or a job that lasts until the required work is completed), employers should base the hours of earned sick leave used and paid on the hours worked by a replacement employee for the same shift. If there is no replacement employee, the hours of earned sick leave should be based on the hours worked by the employee or a similarly situated employee in the same or similar shift in the past. If an employee is transferred to a separate division, entity or location, but remains employed in New Jersey by the same employer, the employee is entitled to all leave accrued or advanced at the prior division, entity or location, and is entitled to use the accrued or advanced leave. If, prior to a transfer, the employee had worked for the employer for more than 120 calendar days, the employee would immediately upon the transfer be permitted to use accrued or advanced earned sick leave and would not be required to wait 120 calendar days after the transfer to use it. If an employee is terminated, laid off, furloughed or otherwise separated from employment with the employer, any unused accrued earned sick leave must be reinstated if the employee is rehired or reinstated within six months of the separation. Prior employment must be counted towards meeting the eligibility requirements to use paid sick and safe leave. When a different employer succeeds or takes the place of an existing employer, all employees of the original employer who remain employed by the successor employer are entitled to all of the leave they accrued when employed by the original employer, and are entitled to use leave previously accrued immediately. Employees cannot be required to use accrued leave. If an employee's need to use earned sick and safe leave is foreseeable, an employer may require advance notice, up to seven calendar days prior to the date the leave is to begin, of the intention to use the leave and its expected duration. A foreseeable use of paid sick and safe leave occurs when the employee is able to predict or know in advance that they will need to use leave, such as a scheduled doctor's visit, regularly occurring medical treatment or a regular psychotherapy appointment. The employee must make a reasonable effort to schedule leave in a manner that does not unduly disrupt the employer's operations. If the need for the leave is unforeseeable, an employee may be required to give notice of the intention to use leave as soon as practicable. However, first notify employees of this requirement, by putting it in an employee handbook policy, for example. If an employer fails to notify employees, an employee must be permitted to use sick leave for an unforeseeable absence without having to provide the employer with any prior notice, practicable or otherwise. Notice of the leave's expected duration can be required. The need for leave should be considered "unforeseeable" when an employee requires time to care for, or obtain medical treatment for, themselves or a family member that was not reasonably anticipated. An example of a need to use earned sick leave that is not foreseeable is when an employee wakes with a fever and does not feel well enough to report for work. Employees may be prohibited from using leave on certain dates for a foreseeable absence. Reasonable documentation may be required if an employee uses sick leave for an unforeseeable absence during those dates. The "certain dates" are limited to verifiable high-volume periods or special events, during which permitting the use of foreseeable earned sick leave would unduly disrupt the employer's operations. Per regulations issued by the NJDOL, an example of a high-volume period would be, for an airline industry employer, the period during which it experiences a predictable increase in customer activity (i.e., flying) in and around a particular holiday, like Thanksgiving. An example of a special event would be, for a manufacturer of retail products, the day or week during which it is making a new product available for the first time. The policy statement includes optional language that would allow an employer to establish these blackout dates. For absences of three or more consecutive days or for an unforeseeable absence on an established blackout date, an employer may require reasonable documentation that earned sick leave is being used for a permissible purpose. What is considered reasonable depends on the reason for using sick leave:For absences related to the employee's or a family member's medical condition, documentation signed by a health care professional who is treating the employee or family member that indicates the need for the leave and, if possible, the number of days of leave;For absences related to domestic or sexual violence:Medical documentation;A law enforcement agency record or report;A court order;Documentation that the perpetrator has been convicted of a domestic or sexual violence offense;Certification from a certified Domestic Violence Specialist or a representative of a designated domestic violence agency or other victim services organization; orOther documentation or certification provided by a social worker, counselor, clergy member, shelter worker, health care professional, attorney or other professional who has assisted the employee or family member in dealing with the domestic or sexual violence;For absences related to a public health emergency, a copy of the order of the public official or the determination by the health authority; andFor absences to attend a child's school-related conference, meeting, function or other event or to attend a meeting related to a child's health condition or disability, tangible proof of the conference, meeting, function or event. A "certified Domestic Violence Specialist" is a person who has fulfilled the certification requirements of a Domestic Violence Specialist, as established by the New Jersey Association of Domestic Violence Professionals. A "designated domestic violence agency" is a county-wide organization, the primary purpose of which is to provide services to victims of domestic violence, that provides services that conform to the core domestic violence services profile as defined by the Division of Child Protection and Permanency in the Department of Children and Families and is under contract with that division for the express purpose of providing the services. Any information an employer possesses regarding the health of an employee or a family member, or domestic or sexual violence affecting an employee or a family member, must be treated as confidential and may not be disclosed except to the affected employee or with the employee's written permission. An employer must notify employees of their rights under the law, as stated in the Notice of Employee Rights issued by the Commissioner of Labor and Workforce Development (Commissioner), including:The amount of earned sick and safe leave to which they are entitled;The terms of its use; andRemedies for employees if an employer fails to provide the required benefits or retaliates against employees exercising their rights. Each covered employer must conspicuously post the notice in a place or places accessible to all employees in each of the employer's workplaces. It is also permissible to provide the notice electronically. Provide each employee with a written copy of the notice:At the time of the employee's hiring; andAt any time, when first requested by the employee. An employer that has an internet site or intranet site for exclusive use by its employees and to which all employees have access may satisfy the "conspicuous posting" requirement by posting the notice on the site. Providing the notice via email satisfies the requirement that the employer provide each employee with a written copy of the notification. The notice is available in English, Spanish and any other language that the Commissioner determines is the first language of a significant number of workers in the state. The employer must use the notice in English, Spanish or any other language for which the Commissioner has provided notice and that is the first language of a majority of the employer's workforce. Retain for a period of five years, records of employees' hours worked and sick and safe leave taken. The records must be kept at the place of employment or in a central office in New Jersey, and access to these records must be provided to the Department of Labor and Workforce Development at any reasonable time, upon demand. There is no requirement to maintain or keep records documenting hours worked for employees who are exempt under either the FLSA or the New Jersey Wage and Hour Law and for whom the employer either advances earned sick leave or for whom the employer chooses to presume solely for the purpose of calculating earned sick leave accrual that the employee works 40 hours per week. If an employee claims that the employer failed to provide earned sick and safe leave as required, and the employer has not maintained or retained adequate records or does not allow the NJDOL access to the records, failure to provide the earned sick and safe leave will be presumed, absent clear and convincing evidence otherwise. The law prohibits an employer from taking retaliatory personnel action or discriminating against an employee because the employee:Requests or uses earned sick and safe leave (whether in accordance with the paid sick and safe leave law or the employer's policy);Files a complaint with the Commissioner alleging the employer's violation of any provision of the law; orInforms any other person of their rights under the law. Any person who mistakenly but in good faith alleges violations of the law is protected from retaliation. Regulations under the ESSLL also establish that a violation of the law occurs when an employer:Willfully hinders or delays the NJDOL from enforcing the law;Fails to make, keep and preserve any required record;Falsifies any record;Refuses to make any such record accessible to the state labor department upon demand;Refuses to furnish to the state labor department, on demand, a sworn statement of such record or any other information required for the proper enforcement of the law;Fails to provide earned sick leave to each employee in the amount and in the manner required by law;Takes a retaliatory personnel action or discriminates against an employee in violation of the law; orOtherwise violates any provision of the law. Legitimate use of earned sick and safe leave may not be counted as an absence that results in discipline, termination, demotion, suspension, loss or reduction of pay or any other adverse action. This includes "no fault" attendance policies under which employees receive a point or a demerit for any absence, no matter the reason, and are subjected to discipline or denied a promotional opportunity after the accumulation of a certain number of points or demerits. Supervisors and managers should be trained regarding how to respond to requests for leave so that they do not take any adverse actions (e.g., termination, demotion) against employees who are eligible for leave and who request or take leave.

California Kin Care Leave

Under the existing Kin Care law, California employers who provide paid sick leave or PTO to employees are required to allow an employee to take up to one-half of his/her annual accrual of such sick leave/PTO to attend to the illness for the following family members: parent, child, spouse, or registered domestic partner. Employees with protected leave for their use of one-half of their annual accrued sick leave or PTO for the additional following reasons: The diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee. The diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee's family member. An employee who is a victim of domestic violence, sexual assault, or stalking.

USERRA

Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is a federal law that applies to all public and private employers, regardless of their size or location. Unpaid leave of absence to serve in the unifromed services. Army, Navy, Marine Corps, Air Force, Coast Guard, Army National Guard, Air National Guard, Commissioned Corps of the Public Health Service and any other category of persons designated by the President of the United States in time of war or national emergency. Total military leave time may not exceed five years during employment, except in certain, defined circumstances. In order to be eligible for reinstatement, an employee must have provided advance notice of the need for military leave (where required) and have completed his or her service on a basis that is not dishonorable or otherwise prohibited under USERRA.

California Pregnancy Disability Leave Job protection

Upon granting a disability leave or transfer, an employer must provide the employee with a written guarantee of reinstatement if requested. An employee returning from PDL must be returned to her original job unless the job ceases to exist b/c of legitimate reasons unrelated to pregnancy. This entitlement to the same position is different from the Fed-FMLA and the CFRA, which require reinstatement to the same or a comparable position. If an employee takes CFRA leave after PDL, the CFRA controls the reinstatement process. If an employee's same position is not available on the employee's scheduled return date, the employer should provide the employee with a comparable job on her scheduled return date or within 60 calendar days of that return date. A "comparable job" is one that is virtually identical to the employee's pre-leave position in terms of pay, benefits and working conditions. The job must have the same or substantially the same duties and responsibilities, skill requirements, effort and authority. An employer may refuse to reinstate an employee to a comparable position if the employer can show that it would not have offered the comparable position to the employee even if she had not taken leave. In addition, an employer does not have to provide pay or benefits during the 60-day period.

New York Paid Family Leave Benefits Job Protection

Upon return from PFL, an employee is entitled to be restored to the position of employment he or she held when the leave began or to a comparable position with comparable employment benefits, pay and other terms and conditions of employment. Use of PFL must not result in the loss of any employment benefit accrued prior to the date on which the leave began. However, employees are not entitled to accrue seniority or employment benefits during any period of PFL, nor are they entitled to any right, benefit or position to which they would have been entitled absent the PFL.

New York Paid Family Leave Benefits Certification to employer - serious health condition

When PFL is taken because of the serious health condition of a family member, the employee must obtain a medical certification from a health care provider

How do you address workers' compensation claims from home?

Workers' compensation claims have state-by-state standards on what types of illnesses/injuries are covered, but they generally arise from illnesses/injuries that arise during the course and scope of employment. These can apply during at-home work. This is a tricky issue, because there is a lack of control/supervision over the employee's at home workplace. Whether the claim will be compensable under workers' compensation will depend on whether the employee was engaging in PERSONAL or WORK activity. If non-exempt, this is easier to determine. Factors to analyze this: - The time, place, and circumstances of the incident; - Whether it occurred during working hours; - Whether the injury took place in a designated work area; - Whether the claimant was engaging in a personal or work-related activity. How to reduce risk of claims: () Create a telecommuting policy that outlines the employer's expectations for employees who work from home. For sample policies see Telecommuting Policy & Procedure. () Establish guidelines for a home office, such as a designated work area, and provide training related to workstation setup and safety measures, including ergonomics. () When appropriate and possible, conduct periodic checks of employee home offices to help identify and eliminate work area safety hazards. () Set fixed work hours and meal and rest periods for telecommuters. Doing so can help establish whether an injury was "in the course of" employment. Claims are NO FAULT. Even if employee didn't follow precautions, they can still make the claim.

EEOC: During the pandemic, if an employee requests an accommodation for a medical condition either at home or in the workplace, may an employer still request information to determine if the condition is a disability?

Yes, if it is not obvious or already known, an employer may ask questions or request medical documentation to determine whether the employee has a "disability" as defined by the ADA (a physical or mental impairment that substantially limits a major life activity, or a history of a substantially limiting impairment).

EEOC: During the pandemic, may an employer still engage in the interactive process and request information from an employee about why an accommodation is needed?

Yes, if it is not obvious or already known, an employer may ask questions or request medical documentation to determine whether the employee's disability necessitates an accommodation, either the one he requested or any other. Possible questions for the employee may include: (1) how the disability creates a limitation, (2) how the requested accommodation will effectively address the limitation, (3) whether another form of accommodation could effectively address the issue, and (4) how a proposed accommodation will enable the employee to continue performing the "essential functions" of his position (that is, the fundamental job duties).

EEOC: May an employer disclose the name of an employee to a public health agency when it learns that the employee has COVID-19?

Yes.

EEOC: Are the circumstances of the pandemic relevant to whether a requested accommodation can be denied because it poses an undue hardship?

Yes. An employer does not have to provide a particular reasonable accommodation if it poses an "undue hardship," which means "significant difficulty or expense." In some instances, an accommodation that would not have posed an undue hardship prior to the pandemic may pose one now.

EEOC: If an employer is hiring, may it screen applicants for symptoms of COVID-19?

Yes. An employer may screen job applicants for symptoms of COVID-19 after making a conditional job offer, as long as it does so for all entering employees in the same type of job. This ADA rule applies whether or not the applicant has a disability.

EEOC: May an employer take an applicant's temperature as part of a post-offer, pre-employment medical exam?

Yes. Any medical exams are permitted after an employer has made a conditional offer of employment. However, employers should be aware that some people with COVID-19 do not have a fever.

EEOC: May an employer ask employees now if they will need reasonable accommodations in the future when they are permitted to return to the workplace?

Yes. Employers may ask employees with disabilities to request accommodations that they believe they may need when the workplace re-opens. Employers may begin the "interactive process" - the discussion between the employer and employee focused on whether the impairment is a disability and the reasons that an accommodation is needed.

EEOC: If there is some urgency to providing an accommodation, or the employer has limited time available to discuss the request during the pandemic, may an employer provide a temporary accommodation?

Yes. Given the pandemic, some employers may choose to forgo or shorten the exchange of information between an employer and employee known as the "interactive process" (discussed in D.5 and D.6., above) and grant the request. In addition, when government restrictions change, or are partially or fully lifted, the need for accommodations may also change. This may result in more requests for short-term accommodations. Employers may wish to adapt the interactive process - and devise end dates for the accommodation - to suit changing circumstances based on public health directives. Whatever the reason for shortening or adapting the interactive process, an employer may also choose to place an end date on the accommodation (for example, either a specific date such as May 30, or when the employee returns to the workplace part- or full-time due to changes in government restrictions limiting the number of people who may congregate). Employers may also opt to provide a requested accommodation on an interim or trial basis, with an end date, while awaiting receipt of medical documentation. Choosing one of these alternatives may be particularly helpful where the requested accommodation would provide protection that an employee may need because of a pre-existing disability that puts her at greater risk during this pandemic. This could also apply to employees who have disabilities exacerbated by the pandemic. Employees may request an extension that an employer must consider, particularly if current government restrictions are extended or new ones adopted.

New York Disability Insurance Benefits Can a claimant collect Disability Benefits for disability caused by pregnancy?

Yes. If she is disabled because of pregnancy, she may be entitled to up to 26 weeks of benefits. Disability can occur at any time during pregnancy.

New York Disability Insurance Benefits Can an employee collect disability benefits if on maternity leave?

Yes. If she is on a leave of absence without pay (i.e. maternity leave), and becomes disabled within four weeks of the last day she actually worked, she is entitled to benefits from the employer/carrier (if otherwise eligible). If the disability begins more than four weeks from the last day actually worked and she is claiming/receiving Unemployment Benefits, she is entitled to disability benefits from the Special Fund for Disability Benefits (if otherwise eligible).

New York Disability Insurance Benefits May an employer/insurance carrier have an employee claiming benefits examined by a health care provider designated by the employer/carrier?

Yes. The employee must submit him/herself at intervals, but not more than once a week, to such examinations if requested. Exams are not paid for by the employee and are held at a reasonable time and place. Refusal to submit to an exam may jeopardize a claimant's benefits.

EEOC: May a temporary staffing agency or a contractor that places an employee in an employer's workplace notify the employer if it learns the employee has COVID-19?

Yes. The staffing agency or contractor may notify the employer and disclose the name of the employee, because the employer may need to determine if this employee had contact with anyone in the workplace.

New York Disability Insurance Benefits Is there a limit on the number of weeks a claimant can receive benefits?

Yes. There is a limit of 26 weeks of benefits during a period of 52 consecutive calendar weeks or during any one period of disability. The amount of benefits a claimant receives is dependent upon the length of time he/she is actually disabled as certified by a physician. (If an employer has a separate Disability Benefits Plan, more than 26 weeks of benefits may be paid, if so specified).

ADA Definition What is "reasonable"

feasible or plausible · The accommodation must permit the employee to perform the job · The accommodation cannot eliminate an essential function (but, it can assist the employee in performing that essential function) · Employer is not required to lower production standards that are applied uniformly to all employees

CA COVID-19 Updates

https://www.labor.ca.gov/coronavirus2019/ https://www.lexology.com/library/detail.aspx?g=531a2673-0356-462e-a9d0-76a66a343e4e&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2020-04-30&utm_term= https://www.dwt.com/-/media/files/blogs/employment-advisor/2020/california-covid19-paid-sick-leave-laws-chart.pdf

CA - SF covid-19

https://www.lexology.com/library/detail.aspx?g=017cdbb2-9ffa-4f19-a68e-59fecc11d658&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2020-04-23&utm_term=

Recent changes to PFML

https://www.lexology.com/library/detail.aspx?g=0e5c81f9-34e6-4400-ad2d-a655ba37b4b0&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2020-04-22&utm_term=

caifornia covid-19

https://www.lexology.com/library/detail.aspx?g=1bf83a34-0c97-4232-beba-281e3ea805b0&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2020-04-23&utm_term=

ny covi-19

https://www.lexology.com/library/detail.aspx?g=27260c07-f6e2-4562-b7fa-45c315ed3fb5&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2020-04-23&utm_term=

OSHA

https://www.lexology.com/library/detail.aspx?g=8e90c510-dd48-45fe-bf87-1bf9ba8ffa2b&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2020-04-24&utm_term= https://www.lexology.com/library/detail.aspx?g=e85d05f5-cf2c-470e-bad7-dddfc908cc5e&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2020-04-24&utm_term=

WARN

https://www.natlawreview.com/article/new-updates-conducting-layoffs-and-furloughs-resulting-covid-19-business-impact?utm_content=5a15ea436226ac9fbdfbb6cf447b1969&utm_campaign=2020-3-17Labor%20and%20Employment%20News&utm_source=Robly.com&utm_medium=email

The primary federal law governing leave is the Family and Medical Leave Act (FMLA). Employers covered under the FMLA may also be required to provide leave under the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA).

https://www.xperthr.com/employment-law-manual/fmla-new-jersey/2531/?keywords=new%20jersey%20pregnancy%20accommodation

NJ page fmla

https://www.xperthr.com/employment-law-manual/fmla-new-jersey/2531/?keywords=new+jersey+pregnancy+accommodation&searchrank=2&bestpassageid=pregnancy-leave-and-accommodation-nj#pregnancy-leave-and-accommodation-nj

WA COVID-19 Updates

n March 16, 2020, the Seattle City Council amended Seattle's Paid Sick and Safe Time (PSST) law to expand the uses of PSST in light of the region's COVID-19 crisis. These changes became effective on March 18, 2020. The PSST law now requires employers to provide employees who work in Seattle with paid leave: When an employee's family member's school or place of care has been closed; and For employers of businesses with 250 or more fulltime employees, when the employee's place of business has been closed for any health or safety reason. Family member is defined as a child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling. These new PSST uses are in addition to these existing PSST uses: For an employee to care for themselves or a family member for a physical or mental health condition, including a doctor appointment; When an employee's place of business has been closed by order of a public official for health reasons; and For an employee to care for themselves, a family member, or a household member for reasons related to domestic violence, sexual assault, or stalking. Prior to the March 16, 2020 amendments, employees could use PSST when their child's place of care or school was closed due to the order of a public health official for a health-related reason. This use has been expanded to family members, and the requirement that the closure be mandated by a public health official has been removed. These amendments also now require an employer with 250 or more full-time equivalent employees to allow their employees to take PSST when their place of business has been closed for any health or safety reason (without requiring a closure by a public health official). For more information, visit the Office of Labor Standards Paid Sick and Safe Time Ordinance webpage and see the updated PSST COVID-19 Question and Answer resource by clicking here. Pursuant to local and national public health guidance regarding the COVID-19 outbreak in the Seattle/King County Region, employers should continue to be flexible regarding sick time and paid time off use for COVID-19 related issues. The facts, laws, and regulations regarding COVID-19 are developing rapidly. Since the date of publication, there may be new or additional information not referenced in this advisory. Please consult with your legal counsel for guidance. Washington's Governor Jay Inslee just issued temporary Proclamation 20-46 that requires employers to provide high-risk workers an alternative work assignment if requested to prevent exposure to COVID-19. If one is not feasible, employees have the discretion to use employer-granted accrued leave or unemployment benefits in any sequence. Employers are also prohibited from permanently replacing high-risk employees if they opt for leave or unemployment. The Proclamation expires June 12, 2020, unless extended.

How to request accommodation?

o Ask for a modification b/c of a medical condition.

Two basic portions of the ADA

o Disparate treatment o Reasonable accommodation They go hand in hand.

What's your five year plan?

o Five years - Senior EE Relations Manager; open minded.

How do you handle investigations?

o Move quick, and scorch the earth o Initial brain drain with the person providing you with information o Begin scheduling interviews § Complainant § Witnesses § Respondent o Research applicable law o Document request o Draft interview questions o Interviews § Follow-up interviews o Prep report, including interview notes 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

Above and beyond.

o One of our clients had been struggling with performance management for an employee for months. o This employee was a salesperson struggling with bipolar disorder. o She had a pattern of leaving work unexpectedly, without notice, to deal with flare-ups. On one occasion, she left work early and attempted suicide. o I had been walking the employee's manager through the ADA interactive process. o The employee was not turning in medical documentation to verify her disability. o When she turned in documentation, it was an FMLA Certification - despite not being covered by FMLA. o When I spoke to the manager, I found out that there had been a slew of other performance issues that went unaddressed. o Issue of timing § Cannot address work issues from months ago after receiving medical paperwork § Doctor said that the accommodaton needed was time off for flareups § Otherwise, able to the perform the job o I drafted a letter outlining the following; § No FMLA § We will use this paperwork for ADA accommodation § This is the accommodation being offered § Beyond that, unless we receive updated paperwork, we will hold you to the standards of everyone else o Defending Cline deposition § I remembered my class, was making objections but he was running over time · Each time I made an objection, I would get flack o "Counsel, you're leading the witness, I will end this deposition and bring a motion to compel another deposition unless you let me ask my questions without your interference" · You get 8 hours · Getting that deposition to end was very difficult o Senior counsel at a big law firm o I was fresh out of law school · The deposition took place in Kitsap county o Hide in my car or get out there § Opposing counsel on the ferry o Webinar - 1000s of people Had used my internal memorandum to create the presentation § Now 700 attendees and nervous o 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

ADA Definition of "disabled"

o Physical or mental impairment that substantially limits one or more major life activities; § A record or history of having such an impairment; § Being regarded as having a disability.

Provider an example of when you personally demonstrated ownership.

o Training on investigation o PFML design o FFCRA design 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

· How do you persuade people?

o Understand your audience is "educating". Maybe the other side doesn't understand all the facts. Maybe the other side doesn't understand the law. You need to give them a basis for why you're asking for the amount you're asking for, and tell them the repercussions of not agreeing. At the same time, you need to try and put yourself in the opposing side's shoes. You need to not show fear.Keeping in mind, what is the ultimate determinate? -- the jury, according to the law.Also, an ability to take risk and have faith in oneself. Getting people to talk to me with President investigation.

What medical documentation can an employer ask for?

o Verify the disability & that the employee needs a reasonable accommodation § Nature, severity, duration of impairment · Does it substantially limit a major life activity § The activities that are limited by the impairment and the extent to which the disability limits o Only if disability or need for accommodation is not obvious o Cannot ask for more information than is sufficient to verify disability/reasonable accommodation

· Can the employer choose the accommodation?

o Yes so long as it is effective o The employee's preference should be granted consideration, but it is ultimately the employer's choice

Types of ADA acccommodations

§ Types of accommodations - · Job performance, · Job restructuring, · Leave, · Modified/part-time schedule, · Modified workplace policies, · Reassignment

Give me an example when you had to push back against a superior or challenged a decision.

· Butting heads with attorneys · Recently I had to go toe-to-toe with an attorney at a law firm about an interpretation of the FFCRA SITUATION - Client had recently temporary laid off huge portion of workforce. Believed it did not need to comply with FFCRA. This was before regulations or FAQs were out. TASK - I received a leave request, and began getting into FFCRA, when Payroll lead told me they did not fall under FFCRA. ACTION - Contacted FSG; confirmed that a VP felt they did not need to comply b/c layoff were "standby" temporary, and their legal counsel confirmed this. I reviewed the statute to find definition of "employees" under EPSL and EFML. Pushed back hard -possibility of class action lawsuit. FSG gave them news and our recommendations. RESULT - FAQs came out and confirmed what I had told them. They now are offering FFCRA leaves.

Relevant experience

· I think my strongest attribute is that I've had such a diversity of experiences o Law school § Deposition class - learned questions techniques · Timelines · T funneling · Techniques for evasive deponents · I learned I take very naturally to questioning; I am a very skilled listener and I love dissecting verbal/written communication, and this class really got down into the weeds · We learned all the forms of objections to questions o The one you hear the most on TV is "relevance" o But really, I loved this, because each objection was created on the basis that there are bad or misleading questions § Compound § Speculation § Vague § Leading § Argumentative § Assumes facts not in evidence § Asked and answered o Not asking, "Why do you Jack talked to Sally that morning?" o Asking, "Did Jack ever tell you why he talked to Sally that morning?" yes "what did he say" § During school, · Carcen clinic - interviewing VISA applicants to write declarations · Interned at the federal dept of housing and urban dev o Fair housing and equal opportunity § Investigations § Employment Discrimination Class o Law firm § PI and EMP § Screening clients § Case structure · I learned the structure I would use for all my investigations going forward o Brain drain everything from the first person who comes to you o Review the applicable laws or policies o Collect witness names § Schedule witnesses in a specific order where possible o Collect documents before interviews § Used as landmarks for my interviews o Perform interviews, and based on interviews, request more documents or request additional interivews § Performing discovery · Document requests · Depositions - defending and conducting o Current role § I perform "mini investigations" when analyzing any issue that crosses my desk § I investigate when it is contentious · President of our largest client 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

Tell me about a time when you were 75% through a project, and you had to pivot strategy.

· PIVOTING o PFML "year" measurement SITUATION TASK ACTION RESULT 1) Use the Star Method - really. It makes it easier for the interviewer to make sure they got all the info, and makes it easier for you to communicate your thoughts 2) Be concise and use data - think about the core stories you want to tell ahead of the interview, then tell those stories concisely using data. 3) Prepare for the follow up - strong interviewers will often ask 'why did you make that decision, what alternatives did you consider, what would you do differently next time' 4) Know the Leadership Principles - its important to understand the concept behind each of the leadership principles, so you can answer accordingly. Read through the principles and think through what they mean and how your examples show you did / didn't' exemplify the LPs.

How would reasonable accommodation work for employee who is telecommuting?

· The accommodation must "reasonable" - it must be a feasible modification that permits the employee to work from home. · The EEOC has said that providing personal use items used in accomplishing daily activities ON and OFF he job is unreasonable o An employer not required to provide personal amenities (fridge) if not offered to other employees

Have you ever had to deny an accommodation request?

· Yes - anxiety disorder o Requested a service dog - not substantially limited o Rejected, but left the door open o Made sure to tell her that even if she did provide documentation, accommodation not guaranteed · Yes - CBD patch for employee dealing with migraines o Migraine - substantially limits § Self-reported to a doctor, so the employee likely would be able to get verification o Is the accommodation "reasonable"? Is it fesiable? Does it address the disability? § CBD is unregulated § It was not prescribed o Would the accommodation permit the employee to perform the essential functions of the position?