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What’s Up with Sick Leave?

By David I. Brody on August 22, 2018

There is a lot up with sick leave.  First, for anyone who is on intermittent leave under the Family and Medical Leave Act (FMLA), be sure to renew your FMLA leave request at least every twelve months.  At least one Federal court has held that an employee’s right to FMLA leave essentially expired after twelve months if the employee had not re-requested and re-qualified for such leave.   See Feistl v. Luzerne Intermediate Unit, U.S. District Court, C.A. No. 3:12-0491 (M.D. Pa. Ap. 6, 2018).

Second, for Massachusetts employees, paid sick leave (personal and family) is on the horizon.  Beginning in 2021 (on January 1 for personal leave and July 1 for family leave), eligible employees will be entitled to begin taking such leave.  However, the payroll tax intended to fund paid sick leave – shared by employers and employees – will be hitting paycheck next year, on July 1, 2019.

David I. Brody

David I. Brody is an associate in Sherin and Lodgen’s employment law and litigation departments. Read Bio

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