Summary of Leave Law Changes
Private Employer Sector
For the period covering:
September 2011
Crystal Fernalld
Leave and Disability Law Compliance
Sedgwick Claims Management Services, Inc.
October 10, 2011
Page 1 of 6
Table of Contents
Federal ...........................................................................................................3
EEOC Plans to Update Guidance on ADA/FMLA Overlap ..................................3
California ........................................................................................................4
Family, Medical and Parental Leave ..............................................................4
CalGINA: Genetic Testing .............................................................................4
Oregon ...........................................................................................................5
Crime Victims Leave Law Expansion ..............................................................5
Washington ....................................................................................................6
Family Leave Insurance Program ..................................................................6
The Information contained within this document is intended to provide summary level
information on proposed or enacted laws related to family and medical leave. It is not
intended to provide guidance on the application of these legal requirements or as an
update to your Company’s attendance and/or leave policies. We recommend you consult
with Legal Counsel to determine what changes, if any, should be applied to Company
Policy.
Page 2 of 6
Federal
EEOC Plans to Update Guidance on ADA/FMLA Overlap
The U.S. Equal Employment Opportunity Commission will update its guidance for employers on
leave as a workplace accommodation under the recently released final Americans with Disabilities
Act Amendments Act regulations (ADAAA). The new ADA Amendments Act regulations introduce
changes to the definition of "disability" that has had impacts on the provision of FMLA leave, or
even additional leave after FMLA leave is exhausted. It is hoped that the update will address
concerns about the rules potential overlap with FMLA administration.
Page 3 of 6
California
Family, Medical and Parental Leave
S.B.272. Date Introduced: February 14, 2011; Senator DeSaulnier. Effective January 1, 2012.
On August 1, 2011, California Governor Jerry Brown signed S.B. 272 changing the calculation for
bone and marrow donation from calendar days to business days. Effective January 1, 2012,
employers granting leave for bone marrow or organ donation will be calculated in business days
rather than calendar days, with the one-year period measured from the date the employee's
leave begins. The leave need not be taken all at once so long as the leave is not longer than 5
business days for bone marrow donation or 30 business days for organ donation.
Also the leave of absence is not a break in the employee's continuous service for the purpose of
his or her right to paid time off and employers may condition the leave upon the employee's use
of a certain number of earned days for paid time off.
CalGINA: Genetic Testing
S.B.559. Date Introduced: February 17, 2011; Senator Padilla. Effective January 1, 2012.
California Governor Jerry Brown signed S.B.559 making it unlawful for employers to discriminate
against either prospective or current employees on the basis of their genetic or DNA information.
S.B.559 increases anti-discrimination law protections already in effect by adding the term
“genetic information” to all state anti-discrimination statutes. It specifically bars discrimination
based on genetic data in the areas of housing, employment, education, public accommodations,
health insurance, mortgage lending, and elections. The law expands genetic discrimination
protection found in the federal Genetic Information and Nondiscrimination Act (GINA), which
prohibits health insurers and employers from using DNA data suggesting that an individual may
be predisposed to certain diseases to either deny them insurance or to affect their workplace
status. For California employers the difference between GINA and CalGINA does not appear to
impact those who are already in compliance with GINA.
Page 4 of 6
Oregon
Crime Victims Leave Law Expansion
H.B.3482. Effective August 2, 2011.
Oregon revised its crime victims leave law to now include victims of harassment. Employers, with
six or more employees, are now required to provide leave to employees who are victims of
harassment to seek legal assistance, medical treatment, or relocate as a matter of safety. The
term “victims of harassment,’’ refers to an individual whom harassment has been committed
under the public offenses statutes.
Employers may require employees to provide certification such as a police report or a copy of a
protective order or other evidence from a court, administrative agency or attorney that the
employee appeared in or was preparing for a civil, criminal or administrative proceeding related
to harassment prior to taking leave. As required under the already in place Crime Victims Leave
Law, all records and information kept by an employer must be kept confidential and may not be
released without the express permission of the individual.
Page 5 of 6
Washington
Family Leave Insurance Program
S.B. 5091. Introduced by Senator Keiser. Delayed to October 1, 2015.
Senator Keiser proposed S.B. 5091 requesting that the Family Leave Insurance Program
scheduled to be implemented October 2012 be delayed. The bill was signed into law delaying the
implementation of the family leave insurance program from October 1, 2012 to October 1, 2015.
The provisions of the Washington program are similar in nature to the New Jersey Family Leave
Insurance Program and the California Family Paid Leave Program.
Page 6 of 6