Tag Archives: paid leave

Employers Beware — You Cannot Always Require Employees Exhaust Paid Leave Benefits During FMLA Leave

When administering FMLA , employers are generally advised to run FMLA concurrently with other leaves for which the employee may be eligible– as this practice prevents leave stacking.

However, when drafting FMLA policies, how an employer handles the use of paid leave during FMLA is commonly overlooked.  While most leave policies require employees to use their earned vacation, sick or PTO time concurrently with FMLA leave, employers tend to overlook the FMLA regulation that prohibits employers from requiring employees to use paid leave during FMLA.

Employers should consider how to handle situations where an employee who is requesting FMLA also has some type of paid leave available for his or her use. Continue reading Employers Beware — You Cannot Always Require Employees Exhaust Paid Leave Benefits During FMLA Leave

New South Carolina Law Prohibits Local Municipalities From Passing Paid Leave Requirements

Employers in South Carolina can sleep easier knowing that South Carolina municipalities are prohibited from passing laws requiring private employers to provide employee benefits such as paid sick leave, paid vacation, and paid holidays.

This change is the result of Senate Bill 218, which went into effect on April 5, 2017.  Under this law, a political subdivision of South Carolina  may not “establish, mandate, or otherwise require an employee benefit” regarding private employers.

In enacting this law, South Carolina has joined 17 other states who have passed legislation banning local paid sick leave laws. These states include Alabama, Arizona, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Michigan, Mississippi, Missouri, North Carolina, Ohio, Oklahoma, Oregon (except for employers with less than 10 employees), Tennessee, and Wisconsin.