Tech Flex
July 2016, Volume VII
NATIONAL ACCOUNT SERVICES
Topics Covered In This Issue
Benefits:
§
DOL Increases Civil Penalties
Payroll:
§
Chicago Increases Minimum Wage
§
Washington D.C. Minimum Wage Increased
§
San Diego Raises Minimum Wage
§
July 1, 2016 Minimum Wage Increases
§
August 1, 2016 Minimum Wage Increases
Leave:
§
Chicago Adopts Paid Sick Leave Ordinance
§
San Diego Earned Sick Leave and Minimum Wage Ordinance in Effect
§
San Francisco Amends Paid Sick Leave Ordinance
§
Wisconsin Bone Marrow and Organ Donation Leave Now in Effect
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Tech Flex: July 2016, Volume VII
DOL INCREASES CIVIL PENALTIES
On June 30, 2016, the Department of Labor (DOL) issued an interim final rule that
increases penalties imposed under the Employee Retirement Income Security Act of 1974
(ERISA), Occupational Safety and Health Act (OSHA), Fair Labor Standards Act (FLSA),
and the Family and Medical Leave Act (FMLA), among other laws.
By way of background, the United States Congress recognizing that many penalties were
becoming less effective as deterrents because the penalty amounts had not kept pace
with inflation, enacted the Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015 which requires an initial “catch-up” adjustment of specified penalty amounts,
followed by annual adjustments. These interim final regulations establish the “catch-up”
amounts. Future adjustments will be made by January 15 of each year, starting in 2017.
The adjusted civil penalty amounts apply to civil penalties assessed after August 1, 2016,
associated with violations occurred after November 2, 2015. Violations occurring on or
before November 2, 2015, as well as assessments made on or before August 1, 2016
associated with violations occurred after November 2, 2015, continue to be subject to the
civil penalty amounts set out in the DOL's prior regulations (or under the applicable
statute, if the amount has not yet been adjusted by regulation).
Here are highlights of the changes:
ERISA:
Description of Failure
Failure or refusal to file
Annual Form 5500.
Failure to provide Summary
of Benefits Coverage.
Failure by an employer to
inform employees of CHIP
coverage opportunities
under ERISA – each
employee a separate
violation.
Violations of the Genetic
Information
Nondiscrimination Act
(GINA), such as establishing
eligibility rules based on
genetic information or
requesting genetic
information for underwriting
purposes.
For plans with automatic
contribution arrangements,
failure to provide the
required ERISA § 514(e)
preemption notice to
participants.
Current Penalty Amount
Up to $1,100 per day
New Penalty Amount
Up to $2,063 per day
Up to $1,000 per day
Up to $1,087 per day
Up to $100 per day
Up to $110 per day
Up to $100 per day
Up to $110 per day
Up to $1,000 per day
Up to $1,632 per day
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Failure to provide blackout
notices (required in advance
of certain periods during
which participants may not
change their investments or
take loans or distributions) or
notices of diversification
rights.
Failure to comply with the
ERISA § 209(b)
recordkeeping and reporting
requirements
Failure of Multiple Employer
Welfare Arrangements
(MEWAs) to meet applicable
filing requirements, which
include annual Form M-1
filings.
Up to $100 per day
Up to $131 per day
Up to $11 per employee
Up to $28 per employee
Up to $1,100 per day
Up to $1,502 per day
Description of Failure
Failure to correct a violation
of OSH Act.
Current Penalty Amount
Up to $7,000 for each day
during which violation
continues
New Penalty Amount
Up to $12,471 for each day
during which violation
continues
Violation of OSH Act posting
requirement
Up to $7,000 for each day
during which violation
continues
Up to $12,471 for each day
during which violation
continues
Description of Failure
Repeat or willful violation of
FLSA minimum wage and
overtime requirements.
Current Penalty Amount
Up to $1,100 for each
violation
New Penalty Amount
Up to $1,894 for each
violation
Violations of FLSA child
labor provisions or
regulations.
Up to $11,000 for each
employee subject to the
violation
Up to $12,080 for each
employee subject to the
violation
Violations of FLSA child
labor provisions or
regulations that causes
death or serious injury to an
employee under age 18.
Up to $50,000 for each
violation (doubled to
$100,000 if the violation is
repeated or willful)
Up to $54,910 for each
violation (doubled to
$109,820 if the violation is
repeated or willful)
OSHA
FLSA
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FMLA:
Description of Failure
Violating FMLA posting
requirement
Current Penalty Amount
Up to $110 for each
separate offense
New Penalty Amount
Up to $163 for each
separate offense
For further information on the increased penalties please click on the following links:
Interim Final Rule:
https://www.gpo.gov/fdsys/pkg/FR-2016-07-01/pdf/2016-15378.pdf
EBSA Fact Sheet:
https://www.dol.gov/ebsa/pdf/fs-interim-final-rule-adjusting-erisa-civil-monetary-penaltiesfor-inflation.pdf
DOL Frequently Asked Questions:
https://www.dol.gov/sites/default/files/2016-inflation-faq.pdf
CHICAGO INCREASES MINIMUM WAGE
On July 1, 2016 Chicago Mayor Rahm Emanuel announced that Chicago’s minimum
wage has increased to $10.50 per hour effective on July 1, 2016.
In making the announcement, Emanuel stated the following:
Today marks another step for people across Chicago by making sure hard work is
rewarded with higher pay. Because earning the minimum wage should not mean
minimal opportunities for Chicago’s families. “Anyone who works in the City of
Chicago should be able to afford to live and raise a family here.
As a result of a 2014 ordinance, minimum wage increases in Chicago are phased in
annually every July 1st with increases to $11 in 2017, $12 in 2018, and to a wage of $13
per hour in 2019. Minimum wage increases beginning in 2020 will be tied to the rate of
inflation but not to exceed 2.5 percent.
For a copy of the announcement, please paste the following into your browser:
http://www.cityofchicago.org/city/en/depts/mayor/press_room/press_releases/2016/july/M
ayor-Emanuel-Announces-Chicagos-Minimum-Wage-Increases.html
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Tech Flex: July 2016, Volume VII
WASHINGTON D.C. MINIMUM WAGE INCREASED
As a result of legislation (B21-0789) signed by Mayor Muriel Brown on June 27, 2016,
effective July 1, 2016, the minimum wage in Washington D.C. has increased $1.00 to
$11.50 per hour.
Under B21-0789, the Washington D.C. minimum wage will increase in the future as
follows:
July 1, 2017
$12.50 per hour
July 1, 2018
$13.25 per hour
July 1, 2019
$14.00 per hour
July 1, 2020
$15.00 per hour
Beginning in 2021, the minimum wage will be increased at a rate proportional to inflation
as measured by the Consumer Price Index for All Urban Consumers (CPI-U) for the
District of Columbia.
For a copy of B21-0789 please click on the link provided below:
https://legiscan.com/DC/text/B21-0789/2015
SAN DIEGO RAISES MINIMUM WAGE
On July 11, 2016, the San Diego City Council approved a resolution certifying the
passage of the “Earned Sick Leave and Minimum Wage Ordinance” (Ordinance) by voters
on June 7, 2016. The Ordinance is effective as of July 11, 2016.
By way of background, the San Diego City Council had approved an ordinance which
amended the City Municipal Code relating to earned sick leave and minimum wage for
employees working in the City of San Diego. Subsequently a referendary petition
opposing the ordinance was filed with City Clerk with sufficient signatures to require a vote
by the people. On June 7, 2016, the people of San Diego approved the Ordinance with
63% voting in favor.
As a result, the minimum wage in San Diego is $10.50 per hour as of July 11, 2016, up 50
cents from the previous $10.00 per hour. On January 1, 2017, that rate will be raised to
$11.50 per hour. Beginning January 1, 2019 the minimum wage will be increased annually
based on the Consumer Price Index.
For a copy the City Treasurer minimum wage increase including access to the notice
employers are required to post click on the link provided below:
https://www.sandiego.gov/treasurer/minimum-wage-program
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Tech Flex: July 2016, Volume VII
JULY 1, 2016 MINIMUM WAGE INCREASE REMINDER
The following are a list of Cities, Counties and states where the minimum wage increased
as of July 1, 2016 as noted in previous editions of the Tech Flex.
Jurisdiction
July 1, 2016 Minimum Wage
Maryland
$8.75 per hour
Montgomery County, Maryland
$10.75 per hour
Oregon (Medium density (Eugene, Salem
and High Density Counties (Portland)
$9.75 per hour
Oregon Non-urban Counties
$9.50 per hour
El Cerrito, California
$11.60 per hour
Emeryville, California (Employers with 56
Employees
$14.82 per hour
Emeryville, California (Employers with less
than 56 Employees
$13.00 per hour
Los Angeles, California (Employers with 26
or more employees)
$10.50 per hour
Los Angeles County, California (Employers
with 26 or more employees)
$10.50 per hour
Malibu, California (Employers with 26 or
more employees)
$10.50 per hour
Pasadena, California (Employers with 26 or
more employees)
$10.50 per hour
San Francisco, California
$13.00 per hour
Santa Monica, California (Employers with
26 or more employees)
$10.50 per hour
Sunnyvale, California
$11.00 per hour
Lexington-Fayette County, Kentucky
$8.20 per hour
Louisville – Jefferson County, Kentucky
$8.25 per hour
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AUGUST 1, 2016 MINIMUM WAGE INCREASE REMINDER
The following are a list of Cities, Counties and states where the minimum wage will
increase as of August 1, 2016 where notification was provided in previous editions of the
Tech Flex.
Jurisdiction
August 1, 2016 Minimum Wage
Minnesota (Large employers – annual sales
of volume of $500,000 or more
$9.50 per hour
Minnesota (Small employers – annual sales
of volume of less than $500,000
$7.75 per hour
CHICAGO ADOPTS PAID SICK LEAVE ORDINANCE
On June 22, 2016, the Chicago City Council voted 48-0 to pass legislation that amends
the Chicago Minimum Wage Ordinance to include paid sick leave for “Covered
Employees”. The Paid Sick Leave Ordinance (Ordinance) is effective July 1, 2017. Upon
passage of the amendment, Mayor Rahm Emanuel stated “under this pro-work and profamily ordinance, workers can use their earned sick time to seek medical treatment and
care, but also can be used by domestic violence victims to access legal and/or judicial
proceedings.”
Some of the highlights of the Ordinance are as follows:
·
Covered Employee: An employee who worked at least 80 hours for an employer
within any 120 day period is eligible for Paid Sick Leave.
·
Covered Employers: The Ordinance applies to all employers that employ at least
one part-time or full-time employee within the city limits and that maintain a
business within the city limits or are subject to city licensing requirements. Only
construction industry employees who are covered by a collective bargaining
agreement are exempted from the Ordinance.
·
Employees will begin to accrue sick time immediately upon the start of
employment. Beginning on the first calendar day after the start of employment (or
the first calendar date after the effective date of the ordinance, for existing
employees), employees will earn one hour of paid sick leave time for every 40
hours worked.
·
The time will accrue only in hourly increments, as fractional accruals are not
permitted. Exempt employees will be assumed to work forty hours each week for
purposes of this ordinance, unless the employee's normal work week is less than
forty hours, in which case the accrual of paid sick time will be based on that
employee's normal work week. Practically speaking, that means an exempt
employee will not accrue extra paid sick time under the ordinance for any hours
worked over 40 hours per week.
·
An accrual cap would be permitted, but that cap for covered employees is 40
hours of paid sick leave per twelve month period, the timing of which is based on
the date the employee began to accrue time. So the minimum cap employers can
Tech Flex: July 2016, Volume VII
enforce is five days or forty hours of paid sick leave time in a year from the date
the employee began to accrue time (not a calendar year). A higher cap would be
allowed, of course.
·
An employee must be permitted to carry over unused accrued sick leave time up
to a maximum 20 hours of accrued time. However, if you are an employer subject
to the Family Medical Leave Act (i.e., an employer with fifty or more employees),
your employees must be permitted to carry over up to 40 hours of accrued but
unused paid sick time under the ordinance (in addition to the twenty hours
mentioned) to use exclusively for FMLA eligible leave purposes.
·
Employees must be allowed to use paid sick leave no later than 180 days after
starting employment, and may use it in the following circumstances:
·
For illness or injury of the employee or the employee’s family member, including
receiving medical care, treatment, diagnosis, or preventive medical care;
·
Where the employee or the employee’s family member is a victim of domestic
violence or a sex offense; or
·
When the employee’s place of business is closed due to a public health
emergency or the employee needs to care for a child whose school or place of
care is closed due to a public health emergency.
Notice to Employees: The Ordinance requires that employers give employees notice of
their right to paid sick leave in two forms: 1) a notice posted in a conspicuous place at
each facility located within the city; and 2) a notice to employees with their first paycheck.
These notices will be developed by the City’s Department of Business Affairs and
Consumer Protection.
·
Employers may be permitted to require up to seven days advance notice of the
need for leave if the need is reasonably foreseeable, as defined under the
Ordinance. Where the need to take accrued sick leave is not reasonably
foreseeable, the employer can only require notice "as soon as practicable" on the
day the employee intends to take the leave by notifying the employer via phone, email or text message.
·
If the employee's paid sick leave absence is for more than three consecutive days,
the employer may require certification that the use of paid sick leave was
authorized under one of the allowable reasons and "documentation signed by a
licensed health care provider shall satisfy this requirement." However, employers
cannot require that the documentation in question specify the nature of the
employee's (or family member's) injury, illness or condition, except as may be
otherwise permitted by law (e.g., FMLA or the Americans with Disabilities Act).
Whatever the documentation an employer is allowed to obtain under the various
grounds for leave, an employer will not be able to delay the taking of the leave nor
payment of wages for the leave on the grounds that the required certification has
not yet been obtained.
·
Absences taken pursuant to the Ordinance may not be counted under an
employer’s absence control policy as an absence that triggers discipline,
discharge, demotion, or any other adverse action against the employee.
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Tech Flex: July 2016, Volume VII
·
Employees have a private right of action against an employer for violations of the
Ordinance. If a violation is established, employees may be entitled to recover
damages equal to three times the full amount of sick leave denied or lost due to
the violation, plus interest, as well as attorneys’ fees.
For a copy of the Ordinance please click on the link provided below:
http://www.fmlainsights.com/wp-content/uploads/sites/311/2016/06/Chicago-Paid-SickLeave-Ordinance.pdf
SAN DIEGO EARNED SICK LEAVE AND MINIMUM WAGE ORDINANCE IN
EFFECT
As noted above in “San Diego Raises Minimum Wage, the San Diego City Council
approved a resolution certifying the passage of the “Earned Sick Leave and Minimum
Wage Ordinance” (Ordinance) by voters on June 7, 2016. The Ordinance is effective as
of July 11, 2016.
Under the Ordinance, an “employee” defined as any person who, in one or more calendar
weeks of the year, performs at least two hours of work within the geographic boundaries
of the City of San Diego for an employer, and who qualifies for the payment of minimum
wage under the State of California minimum wage law must receive one hour of paid,
Earned Sick Leave (ESL) for every thirty hours worked, at the same hourly rate or other
measure of compensation that the employee earns. Employees do not include
independent contractors as defined by the California Labor Code, or people who have
been issued a special license by the state to be employed at less than minimum wage,
certain youth employees in publicly subsidized summer or short-term employment
programs, and certain counselors at organized, outdoor camps.
Leave may be used if an employee is physically or mentally unable to work due to illness,
injury, or a medical condition; for “Safe Time” (time away from work necessary to handle
certain matters related to domestic violence, sexual assault, or stalking, when the
employee or a specified family member is a victim); for medical appointments; and to care
for or assist certain family members with an illness, injury, or medical condition.
Other highlights of the Ordinance are as follows:
·
Employer means any person, association, organization, partnership, business
trust, limited liability company, or corporation who exercises control over the
wages, hours, or working conditions of any employee, or suffers or permits the
employee to work, or engages the employee.
·
Family Member means a Child, Spouse, Parent, grandparent, grandchild, Sibling,
or the Child or Parent of a Spouse.
·
Child means a biological, adopted, or foster child; a stepchild; a legal ward; a child
of a Domestic Partner; or a child of an Employee standing in loco parentis.
·
Domestic Partners mean two adults in a relationship recognized by the State of
California by filing as domestic partners under California Family Code section 297,
and who have registered as domestic partners with a governmental entity pursuant
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to state or local law authorizing such registration or with an internal registry
maintained by the employer of at least one of the domestic partners.
·
Parent means a biological, foster, or adoptive parent; a step-parent; a legal
guardian; or a person who stood in loco parentis when the employee was a minor
child.
·
Spouse means a person to whom an employee is legally married under the laws of
the State of California, or the Employee’s Domestic Partner.
·
Safe Time means time away from work that is necessary due to domestic violence,
sexual Assault, or stalking.
·
Public Health Emergency means a state of emergency declared by any public
official with the authority to do so, including officials with the City, the County of
San Diego, the State of California, or the United States government
·
ESL may be used for any of the following reasons
o
o
o
o
o
o
The employee is physically or mentally unable to perform his or her duties
due to illness, injury, or a medical condition of the employee.
The employee’s absence is for the purpose of obtaining professional
diagnosis or treatment for a medical condition of the Employee.
The employee’s absence is for other medical reasons of the employee,
such as pregnancy or obtaining a physical examination.
The employee is providing care or assistance to a Family Member, with an
illness, injury, or medical condition, including assistance in obtaining
professional diagnosis or treatment of a medical condition.
The employee’s absence is for the Employee’s use of Safe Time.
The employee’s place of business is closed by order of a public official due
to a Public Health Emergency, or the employee is providing care or
assistance to a Child, whose school or child care provider is closed by
order of a public official due to a Public Health Emergency.
·
ESL begins to accrue at the commencement of employment or on July 11, 2016,
whichever is later, and an employee is entitled to begin using accrued ESL on the
90th calendar day following commencement of his or her employment or on July
11, 2016, whichever is later. After the 90th calendar day of employment or after
July 11, 2016, whichever is later, an employee may use ESL as it is accrued.
·
Employers are not required to provide an employee with ESL in less than one-hour
increments for a fraction of an hour worked.
·
ESL must be compensated at the same hourly rate or other measure of
compensation as the employee earns from his or her employment at the time the
employee uses the earned sick leave.
·
An employer who provides an employee with an amount of paid leave, including
paid time off, paid vacation, or paid personal days sufficient to meet the earned
sick leave requirements and who allows such paid leave to be used for the same
Tech Flex: July 2016, Volume VII
purposes and under the same conditions as earned sick leave is not required to
provide additional ESL to such employees.
·
Employees who are not covered by the overtime requirements of California law or
regulations (exempt employees) are assumed to work forty hours in each work
week for purposes of ESL accrual unless their regular work week is less than forty
hours, in which case earned sick leave accrues based upon that regular work
week.
·
Employers may limit an employee’s use of ESL to forty hours in a benefit year.
·
An employer may require reasonable notice of the need to use ESL. Where the
need is foreseeable, an employer may require reasonable advance notice of the
intention to use ESL, not to exceed seven days’ notice prior to the date ESL is to
begin. Where the need is not foreseeable, an employer may require an employee
to provide notice of the need for the use of ESL as soon as practicable.
·
Every employer must also provide each employee at the time of hire, or by
October 1, 2016, whichever is later, written notice of the employer’s legal name
and any fictitious business names, address, and telephone number and the
employer’s requirements under the Ordinance.
It is also important to note that the San Diego City Council is presently in the process of
considering an Implementing Ordinance for the Earned Sick Leave and Minimum Wage
Ordinance. The Implementing Ordinance will, among other things, designate an
Enforcement Office and Enforcement Official, establish a system to receive and
adjudicate complaints and to order relief to cases of violations, amend the remedy for
violations, amend the accrual requirements for Earned Sick Leave, and clarify language.
The City Council conducted the first reading of the implementing ordinance on July 11,
2016, and is scheduled to conduct the second reading on July 26, 2016. If the
implementing ordinance takes effect it will:
·
·
·
·
Allow employers to cap an employee’s total accrual of sick leave at 80 hours.
Allow employers to front load no less than 40 hours of sick leave to an employee
at the beginning of each benefit year.
Clarify the enforcement process including a civil penalty cap for employers with no
previous violations.
Clarify language regarding the award of sick leave to be more consistent with
State law.
Further information will be forthcoming once the City Council has made final
determinations on the proposed Implementing Ordinance.
For a copy of the Ordinance approved by the voters please click in the link provided
below:
http://www.sdvote.com/content/dam/rov/en/proptext/0607_Prop_I.pdf
Please find below a link to the proposed Implementing Ordinance:
https://www.sandiego.gov/sites/default/files/trs_sandiego_ordinance_o-2017-2_revised_711-16.pdf
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SAN FRANCISCO AMENDS PAID SICK LEAVE ORDINANCE
On June 7, 2016, voters approved Proposition E which provides amendments to the San
Francisco Paid Sick Leave Ordinance (PSLO). The results of the vote on Proposition E
were certified on June 24, 2016 with a “yes” vote of 79.15%. The effective date of
Proposition E is January 1, 2017.
By way of background, the PSLO was approved by San Francisco voters in 2006. This
paid sick leave ordinance requires employers to provide employees with one hour of paid
sick leave for every 30 hours worked in San Francisco. Accrual of paid sick leave hours
begins 90 days after the first day of employment. An employee who leaves a job and is
rehired by the same employer is not entitled to have any unused paid sick leave
reinstated.
As of July 1, 2015, the state of California Healthy Workplace Healthy Family Act (Act)
became effective. The state law does not override the PSLO and in some ways provides
broader protections for employees. Employers must comply with both the PSLO and the
state law. There are inconsistencies between the PSLO and the Act which make it
challenging for employers to meet the requirements of both. The ballot summary of
Proposition E provided the following example:
In many instances, the number of hours of paid sick leave available to an
employee under the PSLO is greater than the number of hours available under
state law. For example, the state law allows an employer to provide the employee
at the beginning of each year with only 24 hours or three days of paid sick leave
for the year. Under the PSLO, the employer must provide one hour for every 30
hours worked up to a cap of 40 hours for employers with fewer than 10 employees.
For employers with 10 or more employees, the cap is 72 hours. Proposition E
would amend the PSLO to parallel broader state law provisions so that, with some
exceptions, an employer who complies with the PSLO would also comply with
state law.
Highlights of the changes to the PSLO made by Proposition E are as follows:
·
Adds provisions to the PSLO consistent with broader state law so that employees
would begin to accrue paid sick leave under the PSLO on the first day of
employment.
·
Employees who leave a job and are rehired by the same employer within a year
would have their unused PSLO sick leave reinstated.
·
An employee can use paid sick leave for the broader purposes authorized by state
law. In addition to current uses an employee could use PSLO paid sick leave for
legal or other purposes when the employee is a victim of domestic violence,
stalking or sexual assault.
·
Employees may use PSLO paid sick leave to care for a biological, adoptive or
foster parent, step-parent, or guardian of their spouse or registered partner, or the
employee’s guardian when the employee was a minor.
·
If an employer provides an employee with three days of paid sick leave at the
beginning of the year under state law, those three days will be treated as an
“advance” on paid sick leave not yet accrued under the PSLO.
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·
Authorizes the Board of Supervisors to amend the PSLO to adopt provisions
parallel to state or federal law in order to provide broader protections or coverage
to employees.
·
An employer may, in the employer's discretion, make available to an employee a
lump sum of paid sick leave at the beginning of each year of employment,
calendar year, or other 12-month period (an "upfront allocation").
·
An employer shall calculate paid sick leave using any of the following calculations:
o
o
o
Paid sick leave for nonexempt employees shall be calculated in the same
manner as the regular rate of pay for the workweek in which the employee
uses paid sick leave, whether or not the employee actually works overtime
in that workweek.
Paid sick leave for nonexempt employees shall be calculated by dividing
the employee's total wages, not including overtime premium pay, by the
employee's total hours worked in the full pay periods of the prior 90 days
of employment.
Paid sick leave for exempt employees shall be calculated in the same
manner as the employer calculates wages for other forms of paid leave
time.
For a copy of Proposition E showing all of the amendments to the San Francisco PSLO
please paste the following into your browser:
http://sfgov.org/elections/sites/default/files/Documents/candidates/Paid%20Sick%20Leave
%20Ordinance%20Amendments%20Legal%20Text.pdf
WISCONSIN BONE MARROW AND ORGAN DONATION LEAVE NOW IN
EFFECT
As of July 1, 2016, employers in Wisconsin who employ at least 50 individuals are
required to provide eligible employees with up to six weeks of unpaid leave in a 12-month
period to undergo and recover from bone marrow or organ donation procedures.
Under the law, specifically Wis. Stat. § 103.11, employees are eligible for donor leave if
they have worked for a covered employer for 52 consecutive weeks and have worked at
least 1,000 hours in the last 52 weeks.
Other highlights of the provision are as follows:
·
An employee may take bone marrow and organ donation leave as provided in this
subsection for the purpose of serving as a bone marrow or organ donor if the
employee provides his or her employer with written verification that the employee
is to serve as a bone marrow or organ donor.
·
No more than 6 weeks of leave in a 12-month period may be taken only for the
period necessary for the employee to undergo the bone marrow or organ donation
procedure and to recover from the procedure.
·
An employee is not entitled to receive wages or salary while taking bone marrow
and organ donation leave. However, an employee may substitute, for portions of
bone marrow and organ donation leave, paid or unpaid leave of any other type of
leave provided by the employer.
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·
If an employee intends to take leave for the purpose of serving as a bone marrow
or organ donor, the employee shall do all of the following: (1) Make a reasonable
effort to schedule the bone marrow or organ donation procedure so that it does not
unduly disrupt the employer's operations, subject to the approval of the health care
provider of the bone marrow or organ donee. (2) Give the employer advance
notice of the bone marrow or organ donation in a reasonable and practicable
manner.
·
If an employee requests bone marrow and organ donation leave, the employer
may require the employee to provide certification issued by the health care
provider of the bone marrow or organ donee or of the employee, whichever is
appropriate, of any of the following:
o
o
o
·
That the donee has a serious health condition that necessitates a bone
marrow or organ transplant.
That the employee is eligible and has agreed to serve as a bone
marrow or organ donor for the donee.
The amount of time expected to be necessary for the employee to
recover
from the bone marrow or organ donation procedure.
When an employee returns from bone marrow and organ donation leave, the
employer must immediately place the employee in an employment position as
follows:
o
o
If the employment position that the employee held immediately before
the bone marrow and organ donation leave began is vacant when the
employee returns, in that position.
If the employment position that the employee held immediately before
the bone marrow and organ donation leave began is not vacant when
the employee returns, in an equivalent employment position having
equivalent compensation, benefits, working shift, hours of employment,
and other terms and conditions of employment.
·
During a period an employee takes bone marrow and organ donation leave,
the employer must maintain group health insurance coverage under the
conditions that applied immediately before the bone marrow and organ
donation leave began. If the employee continues making any contribution
required for participation in the group health insurance plan, the employer must
continue making group health insurance premium contributions as if the
employee had not taken the bone marrow and organ donation leave.
·
Covered employers are required to conspicuously post a notice issued by the
Department of Workforce Development setting forth employee rights under the
bone marrow and organ donor law. Employers with between 25 and 49
employees, though not expressly covered by the leave requirements of the
law, are also required to post a notice describing their own policies with respect
to leave for bone marrow and organ donation.
Tech Flex: July 2016, Volume VII
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**Please note that the information provided in this document is current as of the date it is originally published.**
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