Employment Law Chronicle for Virginia & the District of Columbia

DOL has published its Final Rule implementing the January 2008 amendments to the Family and Medical Leave Act (FMLA). In addition to modifying existing FMLA regulations to add military family leave entitlements enacted in the National Defense Authorization Act of 2008 (NDAA), the final FMLA Regulations provide needed clarification about employer and employee rights and responsibilities under the FMLA.

The revised FMLA Regulations take effect on January 16, 2009. You can visit DOL's final rule website for the Final Regulations and a useful Fact Sheet highlighting key changes to the FMLA Regulations.

Contact Lori Searcy at 703-644-4122, for questions on the FMLA or other business and employment laws.

Effective November 13, 2008, the District of Columbia's new sick leave law requires employers to provide employees with up to seven days (varies based on employer size) of paid sick leave for absences due to the employee or family member's medical condition, domestic violence or sexual abuse. While the Federal Government has paid sick-leave policies for federal employees, for now, no other jurisdiction in the Washington Metro area (Maryland or Virginia) requires employers to provide paid sick leave.

The Mayor is expected to issue rules implementing the new sick leave law within 60 days of the effective date. It is my hope that the regulations will clarify the following two issues that are, at best, ambiguous in the law: (a) whether the ASSLA applies only to employees who satisfy the DCFMLA's time and hour restrictions; and (b) the employer's control over an employee's use of carryover sick leave.

Please see the following Questions & Answers for highlights of the new law:

Continue reading " D.C. Employment Law: District of Columbia Accrued Sick and Safe Leave Act ("ASSLA") Takes Effect Providing Employees With Paid Sick Leave " »