Mandatory Paid and Unpaid Leave

  • Overview
  • Attorneys
  • Publications

In the last several years, we have seen a rapid increase in the number of laws requiring employers to provide employees with certain levels of paid and unpaid leave. With nearly 30 local paid sick leave ordinances and several state laws in place, this type of legislation only continues to gain momentum. These laws present considerable compliance issues for employers with employees in multiple jurisdictions. We regularly advise our clients on how to comply with this ever-changing field of law. We are familiar with all of the federal, state and local paid sick leave laws and regularly review legislative activity to keep our clients in the know. We work with employers across the country to develop creative solutions to their concerns about employee eligibility, notice requirements and the simultaneous application of local and state laws, such as in California. Kutak Rock is also very familiar with the creation and administration of paid time off plans that leverage ERISA’s broad preemption provisions to comply with multiple paid sick leave laws at once.

Our practice also provides counsel on paid family leave under state insurance laws, San Francisco’s paid parental leave ordinance, unpaid school-related leave laws, and laws providing leave for employees to serve as bone marrow or organ donors.