March 28, 2023

Volume XIII, Number 87


March 27, 2023

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When Does it Pay to be Absent From Work? Developments in State and Local Paid Leave Requirements

Leslie Selig Byrd and Amber Dodds discuss the increasing number of state laws and local ordinances requiring paid leave benefits to employees. Many of these require a minimum number of hours of accrued paid time off for illness or preventative care, or in relation to sexual assault, domestic violence or stalking. Others require pay during extended employee absences from work for qualifying leaves such as for the employee's disability, child birth/adoption, or to care for a family member with a serious health condition, often through state-mandated contributions to a state insurance system. This webinar will provide examples of state and local paid leave law/ordinances, and identify scenarios for employers to watch out for such as:

  • Employer and employee coverage – part-time employees, employees who perform work in another jurisdiction 

  • The interaction between employer-provided paid time off benefits, income replacement benefits and partial pay under state paid leave requirements

  • Carry over or pay out of accrued paid sick time

  • Record-keeping obligations 

  • Employee notice requirements such as posting and policy updates 

  • Potential abuse of time off

© 2023 Bracewell LLPNational Law Review, Volume IX, Number 312

About this Author

Leslie Selig Byrd, labor, employment, attorney, Bracewell law firm

Leslie Selig Byrd has more than 30 years of experience exclusively representing employers in labor and employment issues and controversies.

Leslie represents national and local clients before state and federal agencies. She has been involved in hundreds of administrative investigations, as well as administrative proceedings before the NLRB and the U.S. Department of Labor, Wage & Hour Division, Office of Federal Contract Compliance Programs and OSHA. Leslie defends employers in federal and state employment law motion practice and litigation...

Amber K Dodds, Labor and Employment Attorney, Bracewell Law

Amber Dodds represents employers in labor and employment issues, including matters related to wages, wrongful termination, discrimination, occupational safety, and employee benefits disputes.

Prior to law school, Amber worked with large corporations to procure the necessary employment-based visa documentation for high-level individuals and their families relocating to Central and South America. Managing the immigration process included obtaining birth certificates, marriage licenses, diplomas, police records, and employment records while...