Take It or Leave It is the only law firm podcast focused exclusively on workplace leaves, absence management, and accommodations. Hosts Meg Toth and Josh Seidman, Employment attorneys and co-leaders of Seyfarth’s Leaves of Absence Management and Accommodations team, explore the latest legal developments, forecast new laws, identify workplace trends, and offer practical, business-oriented considerations within the leave, absence management, and accommodations space.
Episode 11: Managing Leaves and Accommodations for Employees Working Under a U.S. Work Visa
An employee’s visa status is not usually top of mind for employers when managing leaves of absence and accommodations, but for many important reasons, it should not be overlooked, as it may pose some significant risks both for the employee and the employer if not handled correctly.
During this episode of “Take It or Leave It,” co-hosts Josh Seidman and Meg Toth are joined by their colleague and expert guest, Angelo Paparelli, from Seyfarth Shaw LLP’s Los Angeles Office, to discuss how a leave of absence or accommodation could impact an employee’s visa status. Specific topics include: an overview of the visa application process and how an employee’s “visa status” is established, why it is important to consider an employee’s visa status when managing leaves of absence and accommodations, the impact a leave of absence or accommodation may have on an employee’s visa status, employers’ potential obligations to report a leave as a change in the terms and conditions of employment to the immigration authorities and how an employee’s reduced hour work schedule or remote work arrangement, even if provided as an accommodation, may impact their visa status, among others.
Episode 10: ADA and FMLA Back to Basics and Beyond
Understanding leaves of absence and accommodations in the United States generally begins with the federal Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA). While both laws have been around since the early-1990s, their many nuances and moving parts, as well as novel external factors such as COVID-19, continue to require careful navigation by even the most seasoned attorneys, benefits professionals and human resources teams.
During this episode of “Take It or Leave It,” co-hosts Josh Seidman and Meg Toth are joined by their colleague and expert guest, Bill Perkins, from Seyfarth Shaw LLP’s New York Office, to discuss many important issues involving the FMLA and ADA. Specific topics include overviews of the FMLA and ADA, managing intermittent leave under the FMLA, responding to requests for FMLA leave for COVID or COVID-related conditions, leave and remote work as a reasonable accommodation under the ADA, and ADA accommodation requests by employees related to mental health issues.
Episode 9: Paid Leave Legislative Update with Dillon Clair of The ERISA Industry Committee (ERIC)
With the patchwork of paid leave laws that have been cropping up across the country for many years now, including paid family leave, paid sick leave, paid COVID-19 leave and many others, it is easy for employers to lose sight of or completely miss the introduction and passing of new bills, and even the enactment of new paid leave laws.
During this episode of “Take It or Leave It,” co-hosts Josh Seidman and Meg Toth are joined by Dillon Clair, Director of State Advocacy and Litigation with the ERISA Industry Committee (ERIC). Dillon leads ERIC’s state advocacy efforts, coordinates ERIC’s expanding legal activities and is the host of ERIC’s monthly State of the States webinar. Join us to learn more about the wave of state and local paid leave legislation being considered during the current legislative session and what employers should be on the lookout for in terms of new laws and other legislative developments in the paid leave space.
Episode 8: COVID-19 Paid Leave Mandates
Employers have now been dealing with the realities and impact of COVID-19 for two years. A major part of that reality for many companies has been and continues to be tracking, navigating, and complying with the nation’s ever-changing COVID-19 paid leave landscape.
During this episode of “Take It or Leave It,” co-hosts Josh Seidman and Meg Toth are joined by their colleague and expert guest, Elizabeth Levy, from Seyfarth Shaw LLP’s Los Angeles Century City Office, to discuss many important issues involving COVID-19 paid leave mandates that have been enacted during the pandemic. Specific topics include an overview of the impact COVID-19 has had on paid leave in the US, California-specific and non-California patchworks of COVID-19 paid leave laws, different types of COVID-19 paid leave, which jurisdictions continue to impose COVID-19 paid leave requirements on employers, and a forecast of what may come of COVID-19 paid leave mandates post-pandemic.
Episode 7: A New Take on PTO: A Discussion with Rob Whalen, CEO of PTO Exchange
When employers think about how to handle their employees’ earned, unused paid time off some traditional options come to mind. They include forfeiture (i.e., use it or lose it), carryover (i.e., roll it into the next year), cash out, or some combination thereof. As employers continue to adjust to new workplace realities created by COVID-19, greater attention is being placed on employers’ paid time off setups and how they can be used to attract and retain talent, stand out among competitors, and generally reflect company culture.
During this episode of “Take It or Leave It,” Rob Whalen, co-founder and CEO of Seattle, WA-based PTO Exchange, joins co-hosts, Josh Seidman and Meg Toth, to discuss how his company’s software affords employers an alternative approach for handling earned, unused paid time off. Through PTO Exchange’s software, employees can convert the value of their unused paid time off hours into other tangible priorities, such as life planning (retirement funds), education (student loans), philanthropy (offering days to a co-worker or charitable causes), and more. Join us to learn more about PTO Exchange, including different plans available to employers, how its software operates, the impact of state and local paid leave mandates on the software, integration with payroll and timekeeping programs, and international employment law considerations.
Episode 6: Best Practices and Legal Considerations for Unlimited Paid Time Off Policies in the U.S.
During the last episode of “Take It or Leave It” we discussed the concept of “Unlimited” paid time off (PTO) for employees at an international level. For this episode, we are back for the second part of this two-part mini-series to explore “unlimited” PTO policies for U.S. employees.
Co-hosts Josh Seidman and Meg Toth are joined by their colleague and expert employment counselor and advisor, Chelsea Mesa, from Seyfarth Shaw LLP’s Los Angeles Office, to discuss important legal considerations and best practices for U.S. employers considering (or currently administering) an “unlimited” PTO program. Specifically, Chelsea discusses the benefits and drawbacks of “unlimited” PTO programs, including compliance with various state paid sick and vacation laws, considerations for implementing “unlimited” PTO programs for different types of workforces, and general best practices for drafting, implementing and administering an “unlimited” PTO program.