By Susan Schoenfeld, JD
Senior Legal Editor
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Get Your Report Now!What a difference a year makes. The number of states and cities with paid leave rules is growing rapidly. In 2014, Connecticut was the only state with a paid leave law. In 2015, Massachusetts and California joined Connecticut with their own paid leave laws. The number of jurisdictions with paid leave ordinances also grew exponentially, from only seven jurisdictions in early 2014 to more than 18 jurisdictions with paid leave laws on the books in 2015.
As employers operating in multiple jurisdictions or states with paid leave provisions are painfully aware, the rules regarding eligibility, reasons for leave, and amount of leave, and other elements of leave can vary dramatically from state to state and city to city. So what is an employer to do?
According to the Disability Management Employer Coalition (DMEC), here are some general strategies for dealing with the “patchwork” of leave laws:
- Move from reactive to proactive. Leave laws touch numerous functions, including HR, disability, and legal. The best way to start taking a proactive approach is to give a single department clear ownership over leave.
- Make sick leave an integral part of a program. One-offs will not work long term. Sick leave should be analyzed and managed in terms of overall health, productivity goals, and outcomes.
- Participate in the public discussion. Paid leave is not a matter of if, but how. It is important that HR, disability, and other experts have a voice in shaping laws that impact their best practices.
“Varied paid leave laws are a challenge for employers,” said Terri L. Rhodes, executive director of the DMEC. “But they are also an opportunity to rethink our programs and break down departmental barriers to effective absence and disability management.”
For more information, see the DMEC website at http://dmec.org.
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 Susan Schoenfeld, JD, is a Senior Legal Editor for BLR’s human resources and employment law publications. Ms. Schoenfeld has practiced in the area of employment litigation and counseling, covering topics such as disability discrimination, wrongful discharge, sexual harassment, and general employment discrimination. She has litigated numerous cases before the U.S. Court of Appeals, state court, and at the U.S. Department of Labor.
In addition to litigating employment cases in state and federal court, she provided training and counseling to corporate clients regarding employment-related issues. Prior to entering private practice, Ms. Schoenfeld was an attorney with the Civil Rights Division at the U.S. Department of Labor in Washington, D.C., where she advised federal agencies, drafted regulations, conducted inspector training courses, and litigated cases for the Office of Federal Contract Compliance Programs, the Directorate of Civil Rights, and the Mine Safety and Health Administration. Ms. Schoenfeld received her undergraduate degree, cum laude, with honors, from Union College, and her law degree from the National Law Center at George Washington University.
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Questions? Comments? Contact Susan at sschoenfeld@blr.com for more information on this topic
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