Skip to main content

One to Keep An Eye On: FAIR Leave Act (U.S. Congress)


As with many employment and labor law related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


Earlier this month, Republican Senator Joni Ernst introduced the Fair Access for Individuals to Receive Leave Act (also known as the FAIR Leave Act) which proposes to modernize the Family Medical Leave Act ("FMLA") to enable married couples that work for the same employer to not be restricted in the amount of leave they can take.

The FMLA allows eligible workers to take up to twelve weeks of unpaid, protected leave for specified family and medical reasons.  (Those family and medical reasons can include the birth of a child; to care for a newborn child within a year of their birth; the placement of a child for adoption or foster care; to care for the employee's spouse, child, or parent that has a serious health condition, as well as a few other narrow reasons.)  

However, for married couples that work for the same employer, the amount of leave available is more limited.  The legislation, also sponsored by Democratic Senator Kyrsten Sinema, Republican Senator Mike Lee, and Democratic Senator Tina Smith, seeks to amend the FMLA and provide eligible spouses that work for the same employer to each take up to twelve weeks of leave.  While the legislation was only introduced earlier this month, it is too soon to say whether it will obtain enough support in both the Senate and House of Representatives to become law.  However, with bipartisan support, this legislation could have a realistic shot of reaching President Donald Trump's desk for signature.


For the text of the FAIR Leave Act:  https://www.ernst.senate.gov/public/_cache/files/69fa4bab-d0e6-4ad1-a1b1-64e7222c09dc/6A1EF9788F2FD5DC886A7908ECF9F61F.fair-leave-act.pdf

Comments

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...

San Diego Rolls Back Vaccine Mandate For City Workers

Last Tuesday, the San Diego City Council voted to do away with the vaccine mandate for city employees. The city’s vaccine mandate that was in place required city workers to get the coronavirus vaccine or risk termination.  Perhaps to this surprise of no one, the city’s policy came under fire with 14 employees being terminated and over 100 other employees resigning.  With the coronavirus subsiding, including in Southern California, the San Diego City Council took action. Now, bear in mind, the repeal of the vaccine mandate does not take place immediately. With that being said, the mandate will be repealed March 8th.  I suppose the question now is, what other cities or regions follow San Diego’s lead? For additional information:   https://www.sandiegouniontribune.com/news/politics/story/2023-01-24/san-diego-repeals-controversial-covid-19-vaccine-mandate-citing-drop-in-cases-hospitalizations

NLRB: Former Employee Cannot Be Barred From Work Premises After Filing Wage Suit

MEI-GSR Holdings, LLC - NLRB Facts :  MEI-GSR Holdings, LLC d/b/a Grand Sierra Resort & Casino ("GSR") operated a facility that included a hotel, casino, restaurant, clubs, bars, and a pool which were all open to the general public.  Tiffany Sargent ("Sargent") was briefly employed by GSR as a "beverage supervisor" in December of 2012.  After her employment ended, Sargent continued to socialize at one of the clubs.  GSR had a long standing practice of allowing former employees to patronize its facility and did not prohibit Sargent from doing so.  In June of 2013, Sargent and another employee filed a class and collective action against GSR for alleged unpaid wages, in violation of the Fair Labor Standards Act and Nevada law.  In July of 2014, GSR denied Sargent access to an event at one of the clubs.  GSR followed up with a letter and stated that with the on-going litigation (from the wage suit), it decided to bar Sargent from the premises. ...