Take It or Leave It

In this episode of Take It or Leave It, host Josh Seidman sits down with Jim Jantz, a leave and disability compliance expert from Marsh McLennan Agency, to explore the critical role managers play in navigating employee leaves and accommodations. From recognizing the signs of a potential FMLA request to understanding when and how to escalate to HR or Legal, Josh and Jim discuss why proper manager training is essential to legal compliance, day-to-day administration, and employee well-being. They also dig into some of the more complex challenges managers face, like handling intermittent FMLA leave, managing the interactive process under the ADA and PWFA, and knowing when leave might be a reasonable accommodation. With practical tips, common pitfalls, and real-world examples, this conversation is packed with guidance to help frontline managers support their teams without putting their organizations at risk. Read the full transcript of this episode here: https://www.seyfarth.com/dir_docs/podcast_transcripts/TIOLI_Episode41.pdf

In this milestone 40th episode of Take It or Leave It, host Josh Seidman dives into the 2024 SHRM Employee Benefits Survey with special guest Daniel Stunes, researcher and manager of data monetization for SHRM. Together, they unpack key data and trends from SHRM's comprehensive annual report, which spans everything from paid parental leave and PTO to flexible work policies and emerging benefit categories. From unexpected shifts in unlimited PTO adoption to evolving support for caregiving and loss-related leave, Josh and Daniel explore how employers are reshaping their benefits offerings in response to workforce demands. They also spotlight surprising year-over-year changes and reveal which industries are leading the charge on flexibility and innovation. It's a data-driven conversation with big implications for HR and Leave Law strategy in 2025 and beyond. Read the full transcript of this episode here: https://www.seyfarth.com/dir_docs/podcast_transcripts/TIOLI_Episode_40.pdf

In this second episode of our Take It or Leave It two parter, host Josh Seidman explores how Connecticut Paid Leave, the state's paid family medical leave (“PFML”) mandate, handles complicated standards like coordination of state-mandated PFML with employer-provided paid leave policies, and navigating the ins and outs of private plan compliance. Special guest Erin Choquette, CEO of the Connecticut Paid Leave Authority, returns to tackle these and other pressing paid leave topics including: • Connecticut Paid Leave benefit coordination, including key considerations around accruals, employer-provided benefits, and primary versus secondary payers, plus insights on how employers can navigate overlapping leave programs effectively, • The private plan option under Connecticut's PFML program - employer adoption rates, approval criteria, and the unique employee vote requirement, • Connecticut's audit process for private plans, with some lessons learned from working with counterparts in other state PFML programs, and the broader patchwork of paid leave laws across the country, and • The prospects for a federal paid leave program and how its implementation could reshape the landscape for employers and employees alike.

In this first episode of a Take It or Leave It two-parter, host Josh Seidman takes a deep dive into Connecticut Paid Leave, the state's mandatory paid family medical leave (“PFML”) program. As more states prepare to launch their own mandatory PFML programs in 2026—including Delaware, Maryland, Maine, and Minnesota—it's critical to examine how existing programs are evolving. Sitting down with Josh is Erin Choquette, CEO of the Connecticut Paid Leave Authority, to discuss the Authority's role in administering Connecticut Paid Leave, how PFML has developed in Connecticut, key eligibility requirements and other metrics, and the variety resources available to employers and employees navigating paid leave compliance and entitlements. Josh and Erin explore how Connecticut Paid Leave has evolved since its enactment in 2019, including insights from the program's 2024 annual report and claim processing. Erin also shares valuable lessons for states preparing to implement their own PFML mandates, offering guidance on building resources and ensuring transparency for businesses and workers alike. Join Josh and Erin for the first part of their informative discussion on Connecticut PFML.

In this episode, host Josh Seidman sits down with Christina Meddin to explore the Pregnant Workers Fairness Act (PWFA) and its requirements for employers to provide reasonable accommodations to workers with pregnancy-related limitations. Together, they unpack the law's broad coverage, and discuss practical steps employers can take when seeking to comply with the PWFA. This episode highlights essential action items for organizations, such as training frontline managers and HR teams to recognize accommodation requests, promptly responding to those requests, and engaging in the interactive process to explore alternatives. This episode also covers preliminary PWFA enforcement activity by the EEOC, and how this enforcement activity can inform employers' practical compliance efforts. And, no PWFA discussion is complete without examining how the new law compares to the ADA. Join Josh and Christina as they strategize about structured approaches to handling requests and leveraging tools to manage accommodations effectively, while emphasizing the importance of documentation, forms and policies to comply with the PWFA.

Last month, Michelle Feit and Jesse Matton from the National Partnership for Women & Families sat down with host Josh Seidman on Take It or Leave It Episode 35 to discuss, among other topics, paid leave benchmarking initiatives and the latest involving Paid Leave at the federal level. But as anyone who tracks paid leave developments as closely as Olympic medal counts knows, much of the change in this area comes at the state and local level. For Part 2 of their discussion, Michelle, Jesse, and Josh explore recent state paid leave trends from the last 12 months, and how National Partnership tracks and analyzes statistics in its Leave Means a Stronger Nation report released earlier this year. They compare new and pending legislation, as well as challenges across states, and take a look at how the United States compares to the rest of the world when it comes to caregiving and leave. In an insightful second episode, Michelle and Jesse offer some regional highlights, explain barriers to paid leave and support, and share the steps they think employers should be taking to improve caregiver access to leave.

Every four years, the Olympics captivates the nation with thrilling achievements and stunning successes in competitive athletics. There might not be medals involved, but the world of paid leave has seen its own share of riveting developments recently, including new initiatives, expanded types of leave, and advanced benchmarking tools. To take a deep dive into some of the latest leave-related activity and data, host Josh Seidman is joined by Michelle Feit and Jesse Matton from the National Partnership for Women & Families, a nonprofit organization that advocates for equality for all women, and strives for enhanced quality of life for families. Together they explore stories and developments involving leave and equality coming out of the Paris Olympics, the National Partnership's ongoing “Leading on Leave Index” – a benchmarking initiative covering a wide range of leave types, lengths, issues, industries, sectors, and trends as voluntarily reported by private employers – and the latest paid leave activity at the federal level, including current challenges and what might break the logjam on this topic in the coming years.

Two years ago, in Episode 7 of Take It or Leave It, Rob Whalen joined the program to discuss alternative options employers can offer to their employees in terms of utilizing their earned, unused paid time off, and the flexibility afforded by his company, PTO Exchange. At the time, employers were still navigating the COVID-19 pandemic and response, and reacting to shifting employee priorities, including increasing retirement plan spending, paying down loans, and health care provisions. Halfway through 2024, employers are still exploring ways to unlock the value of employees' earned, unused time off and offer attractive benefits. To provide an update, Rob returns to the podcast for a conversation with host Josh Seidman about how employees are choosing to spend their time off, and how recent developments have affected his company's offerings plus how businesses and their employees are taking advantage of them. Together, they revisit the software platform to uncover the surprising trends in paid leave and related benefits, and predict what these trends in employee priorities mean for employers.

At long last the EEOC has issued its final regulation and interpretive guidance on the Pregnant Workers Fairness Act (PWFA), providing employers with additional insights on employee entitlements, employer responsibilities and agency enforcement under the Act. The final regulation's effective date is less than one month away – June 18, 2024. Given that the PWFA is one of the biggest leave law developments in recent memory and is still quite green (the law has been in effect for less than a year), it's important for employers to understand how the final regulation impacts their organization and employees. In this episode, host Josh Seidman is joined by Karla Grossenbacher, a Seyfarth Labor and Employment Partner who has followed this legislation closely, to discuss the framework of the PWFA and what has and has not changed in light of the final regulation. Josh and Karla explore key distinctions between the PWFA and related federal employment laws, including the Pregnancy Discrimination Act (PDA) and Americans With Disabilities Act (ADA), how these laws interplay, key terms and conditions employers need to be aware of, and practical tips and strategies for employers.

The snow has finally stopped since Part 1 of our Congressional Developments series, and spring is just around the corner. We've made the time change to spring forward, and in this latest episode of Take It or Leave It we continue to explore how prospects for and activity surrounding federal paid leave are moving forward as well. In this episode host Josh Seidman is joined by Emma Zafran, Deputy Legislative Director for United States Representative Chrissy Houlahan out of the 6th District of Pennsylvania. Emma shares details on the U.S. House Paid Family Leave Working Group and Representative Houlahan's work to institute a federal paid leave mandate, and why filling that federal gap has proven so tricky. Emma also helps map out the details of recent paid leave initiatives on Capitol Hill, including bipartisan efforts in both the House and Senate, and the proposed “Interstate Paid Leave Action Network (I-PLAN).” Join Josh and Emma for this important episode that looks behind the scenes at what progress is being made on paid leave at the federal level, how this issue and proposed programs have evolved, and what next steps are on the horizon in the coming year.

Six months ago, in September 2023, the Oregon paid family and medical leave program, known as Paid Leave Oregon, officially went “live” and began providing benefits to eligible employees, which means it officially turns 6 months old in early March 2024. In that time, the program has had a major impact on employers and employees across the state, with Oregon providing paid leave benefits to tens of thousands of eligible employees. To celebrate this milestone, host Josh Seidman sits down with Karen Humelbaugh, the Director of Paid Leave Oregon, to discuss the program's history and details, including eligibility, approval process, and benefits administration, as well as lessons learned and adjustments being made to Paid Leave Oregon since September 2023. Karen also joins Josh in breaking down current standards on the interplay between Paid Leave Oregon and employer-provided paid leave benefits and with the Oregon Family Leave Act, potential amendments to this aspect of Paid Leave Oregon during the State's current legislative session, complications created by remote, hybrid and mobile employees, and private plan intricacies. Join them for this celebratory episode looking back at a landmark program, and how it may be a harbinger of programs to come.

Winter's snow hasn't stopped yet, but 2024 is already proving to be a busy year for the paid family and medical leave landscape at the federal level. U.S. House and Senate members on both sides of the aisle continue to shine a national spotlight on the need to expand access to paid leave – and with that, comes opportunity for progress. To make sense of the recent developments, host Josh Seidman sits down with Jason Kanter, the government and regulatory affairs executive from IBM and a leading expert on workforce policy and labor and employment issues, for the first episode in Take It or Leave It's two-part mini-series on federal paid leave. Together, Josh and Jason comb through all things related to paid leave including its vital role in the lives of workers and their families during times of need, how employer-provided paid leave is a key part of providing access, and challenges that workers, states, and employers face in terms of fairness, navigation, and portability. They discuss promising recent bipartisan progress in Congress, including activity from the U.S. House Paid Family Leave Working Group, a bicameral request for information on potential federal paid leave setups, and momentum for a new legislative proposal called the “Interstate Paid Leave Action Network (I-PLAN)” to improve the coordination and harmonization of paid leave benefits across the growing number of states with their own programs.

2023 saw unprecedented change in the Leave Law landscape, with multiple states and localities enacting new leave laws and others rolling out major amendments that upended existing mandates. In this episode, host Josh Seidman looks back at the hottest developments from the last 12 months, and ahead to what leave activity may be lurking as we turn the corner to 2024. The episode begins with a 2023 wrap-up that walks listeners through federal changes, such as welcoming in the Pregnant Workers' Fairness Act, paid family leave changes, including the official rollout of Oregon and Colorado's programs, and paid sick leave and paid time off law changes, like Illinois' new paid “any reason” leave law. After touching on Congressional paid leave activity in both the House of Representatives and Senate, including the release of a bicameral, bipartisan Request for Information on federal paid leave proposals, and some of the leave laws that sunset in 2023, Josh looks ahead to the new year and forecasts where federal paid leave, state paid family leave, and state paid sick leave and paid time off may wander in 2024. Join us for this quick-hitting review of where we've been in 2023, and what we're keeping a close eye on as we take on 2024.

New Year's 2024 is just around the corner, and with it comes a host of major new Paid Leave Law programs launching across the country. Perhaps most important is Colorado's Family and Medical Leave Insurance (“FAMLI”) program, which officially begins providing benefits on January 1st. For an in depth look at this comprehensive and influential new program – the latest in a growing patchwork of state paid family medical leave laws – host Josh Seidman sits down with Tracy Marshall, director of the Colorado Family & Medical Leave Insurance Division. Together, Josh and Tracy discuss the history of the program and hit the highlights including who is covered, the amount and nature of covered leave, application processes, and program funding. They answer key questions about coordination of benefits with employer policies and other leave laws, applying for and administering private plans, how Colorado FAMLI stacks up against existing state paid family medical leave programs, and practical considerations and general best practices for employers. Join Josh and Tracy as they dive deep into this important new program and forecast how it may impact future federal legislation.

The many layers of the leave law world can sometimes feel, well endless. In this important episode of Take it or Leave It, we explore one specific layer of family and medical leave – disability and family leave as classes of insurance – that differs from but is interconnected with the paid family and medical leave mandates proliferating around the country (i.e., in Oregon with the Paid Leave Oregon program beginning in September 2023, in Colorado with the Colorado FAMLI program coming online in January 2024, and so forth). To help navigate what disability insurance and family leave insurance are and what these offerings entail, host Joshua Seidman sits down with Cindy Goff, Vice President, Supplemental Benefits and Group Insurance at American Council of Life Insurers (or ACLI). Together, they explore the scope of and differences between disability and family leave insurance, the dynamics of how these offerings are structured and how they compare to paid family and medical leave mandates, recent activity in the space, and how these classes of insurance can impact potential future federal paid family and medical leave.

10 years ago to the day, we published our first “If Pain, Yes Gain” paid sick leave article. Over the last decade, this article series has grown to more than 110 parts, tracking the frequently evolving and constantly complicated web of paid sick leave mandates. Today, the country is filled with a myriad of paid sick leave laws of different types, durations, and criteria, and the changes show no signs of stopping. In this episode host and principal “If Pain, Yes Gain” author, Josh Seidman, sits down with Marlin Duro-Martinez, a fellow leave expert and key contributor to the series, to discuss the sweeping changes they've seen since the article series started. They chart the evolution of paid sick leave laws at the federal, state and local level, analyze where we are now, and discuss some of the major challenges these laws create for multi-state and nationwide employers.

Effects of strong paid leave policies can be hard to quantify. Luckily, there's an organization attempting to do just that, asking questions to examine how non-working “prime age” individuals really feel about paid family and medical leave, and where it ranks in their workplace priorities. To break this all down, host Josh Seidman is joined by Ben Gitis, Associate Director for Economic Policy at the Bipartisan Policy Center, who helped author and publish a report exploring the impact more robust paid leave and flexible work policies would have on Americans who are currently out of work. Join Josh and Ben as they explore the results of recent polling on the role of paid leave in helping non-working Americans overcome caregiving and health-related barriers to rejoining the labor market, the current status of state paid family and medical leave programs, and updates on federal paid family leave activity.

On this episode of the Take It or Leave It Podcast, Seyfarth attorneys Josh Seidman and Debbie Caplan discuss the new Pregnant Workers Fairness Act (PWFA) and its implications on employers and employees alike. Join them as they highlight details about this new accommodation mandate for pregnant individuals, how it overlaps with and differs from the Americans with Disabilities Act (ADA) and Pregnancy Discrimination Act (PDA), open questions under the PWFA, and practical considerations for employers during the early stages of the PWFA.

When Take It or Leave It first launched in 2021, our first topic was religious accommodations for the Covid vaccine. The Supreme Court's decision in Groff v. DeJoy has brought religious accommodations back into the forefront and so, once again, host Joshua Seidman sits down with expert Dawn Solowey to discuss what Groff means for employers in the workplace religious accommodations space. Together, they chat about what Groff held, what has changed and what has not, and practical guidance for employers in handling religious accommodations post-Groff. Join Joshua and Dawn for a valuable conversation about what employers need to do to remain in compliance with the new “substantial additional costs” accommodations standard.

Paid leave laws continue to evolve and expand in states and localities across the country. The country's many paid leave patchworks continue to blossom, including in the spaces of mandatory and voluntary paid family leave, paid sick leave, paid “any reason” leave and many others. As in prior years, 2023 has continued a recent legislative trend where numerous paid leave bills are introduced, a number of them receive consideration and votes in state legislatures, and a few ultimately make their way across the finish line to enactment and becoming new law. During this episode of “Take It or Leave It,” co-host Josh Seidman is joined by Dillon Clair, Director of State Advocacy and Litigation with the ERISA Industry Committee (ERIC), to learn more about how paid leave legislative activity has fared during the first half of 2023. The discussion covers a wide scope of topics, including new paid family and medical leave and paid sick leave mandates in Minnesota, how new state programs have deviated from and expanded upon predecessor state programs, what employers should be on the lookout for in terms of new laws and other legislative developments in the paid leave space later this year, and where things stand on federal paid leave proposals and prospects.

In honor of Memorial Day and Military Appreciation Month, this Take It or Leave It episode discusses the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and nuances and recent developments in the military leave space with guest speaker Brad Kelley, Chief Counsel to U.S. Equal Employment Opportunity Commission (EEOC) Commissioner Keith E. Sonderling.

In a bittersweet 20th episode, we wish a fond farewell to cohost Meg Toth as she moves on from Seyfarth. We celebrate her part in getting Take It Or Leave It off the ground, revisit some of her favorite moments from the podcast, and get her predictions on upcoming paid leave hotspots. Take It or Leave It podcast will keep running, but please join Josh Seidman as we look ahead to what's coming in paid leave and toast Meg and her new role.

Bereavement leave isn't talked about as much as certain other types of paid leave, but it is equally important and gaining traction in several states. Bereavement leave laws have recently expanded in certain jurisdictions, offering time for employees to grieve losses and navigate personally tumultuous periods. Join cohosts Josh Seidman and Meg Toth as they examine the rise in bereavement leave laws, differences between current state requirements, areas of overlap between bereavement leave considerations and other leave laws, including sick leave and family leave laws, and high level thoughts for employers on how to structure a company-provided bereavement leave policy and the importance of such policies.

Illinois is about to become one of three states with a mandatory paid leave law, requiring employers to provide employees with paid leave that can be used for any reason -- joining the nationwide mosaic of leave laws and creating potential headaches for employers. One of Seyfarth's resident paid leave experts Gillian Lepore joins hosts Joshua Seidman and Meg Toth to examine the details of the new Illinois paid leave law, how this new law will fit in with the current paid leave landscape and how it compares to other similar paid leave laws.

In this episode of “Take It or Leave It,” co-hosts Josh Seidman and Meg Toth are joined by special guest and FMLA-expert, Ellen McLaughlin to celebrate the 30th anniversary of the Family Medical Leave Act (FMLA). The discussion examines the continuing impact of the FMLA and its nuances that employers are still grappling with. Highlights of the episode include how the law benefits employees and employers, the biggest issues resulting from the law – including the rise of social media – and some compliance tips for employers. Tune in for an in-depth discussion of the law that everyone's still talking about 30 years later.

With the New Year upon us comes a bevy of new leave laws and trends on the horizon, and the opportunity to reflect on all the happenings of 2022. Throughout 2022, we covered developments across the leave space and now it's time to tie it all together. During this final 2022 episode of “Take It or Leave It,” Meg Toth and Josh Seidman are joined by their Seyfarth Labor & Employment colleague, Renate Walker, who takes us coast to coast to discuss 2022's trends in leave laws, what these changes looked like in 2022 in a variety of leave topics, including paid sick, COVID emergency, public health emergency, paid and unpaid family medical, and bereavement leave, and what employers should be thinking about as we move into the new year.

With 2022 drawing to a rapid close, it is important to remember that California laws are unique and ever-changing, especially in the leave of absence management and accommodation world. Staying on trend, we saw many changes in California leave laws in 2022 and will likely see more in 2023. During this episode of “Take It or Leave It,” Meg Toth and Josh Seidman are joined by their California Seyfarth Labor & Employment partner, Ann Marie Zaletel, to discuss trends appearing in California leave laws, noteworthy developments in 2022, including on paid sick, COVID emergency, public health emergency, family medical, and bereavement leave, and what California employers can expect as we move into 2023.

With midterm elections in full force and voting to begin this week, it is important for employers to understand state and local voting leave laws that require time off to vote, including how much time must be provided, when the time must be provided, whether it must be paid, any notice and documentation requirements and possible approaches for nationwide compliance. During this episode of “Take It or Leave It,” Meg Toth is joined by Seyfarth Labor & Employment partner, Sara Fowler, to discuss employers' obligations for providing time off to employees for voting, how these requirement vary state-to-state, and what employers should be thinking about for this election and for elections to come.

Managing employee leaves of absence carries a plethora of legal and practical challenges, especially in light of the many types of paid and unpaid leave laws scattered around the country. Mix in the fact that each set of laws -- the FMLA (federal), the ADA (federal), paid family leave, unpaid family leave, statutory disability insurance, bereavement leave, family military leave, safe time, pregnancy disability leave, and several others -- contains unique substantive requirements, and compliance can become daunting, even for skilled legal, benefits, human resources, and payroll teams. During this episode of “Take It or Leave It,” Lynne Sousa, Senior Absence Management and Compliance Counsel with Majesco, joins co-hosts, Josh Seidman and Meg Toth, to discuss how her company's ClaimVantage Absence Management software allows employers to more easily navigate and manage their employees' leaves of absence. Through Majesco's software, employers, third party administrators and insurance carriers can automate employee eligibility checks under more than 150 federal and state leave of absence laws, as well as track actual employees absences, manage employee intermittent leave, notice and documentation, and coordinate statutory requirements with unique company-provided time off programs. Join us to learn more about Majesco's ClaimVantage Absence Management software, including tracking leave law developments, how the software operates both from employer and employee perspectives, including when it approves or disapproves an employee's leave application, and coordination of benefits.

During this episode of “Take It or Leave It,” co-hosts Josh Seidman and Meg Toth discuss important legal considerations and trends that they have been addressing first-hand with clients developing or revamping their parental leave policies. Specific topics include: important provisions that should be addressed in a parental leave policy or the “anatomy” of a parental leave policy, coordination of benefits for parental leave policies, including with the FMLA and other similar state laws, the interplay of voluntary paid parental leave policies and state/local paid family and medical leave mandates, and hot topics and predicted trends for 2023.

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.

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.

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.

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.

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.

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.

“Unlimited” paid time off (PTO) policies are contemplated by many U.S. employers as a way of providing a generous leave benefit to certain groups of employees, while also simplifying leave administration related to those employees. There are pros and cons to such policies at a domestic level, especially when state and local leave mandates enter the equation. But how do “unlimited” PTO policies fare internationally? Where a business maintains such a policy for members of its U.S. workforce, does it make sense to also roll it out to members of its international workforce? During this episode of “Take It or Leave It” — the first of a two-part mini-series on “unlimited” PTO — co-hosts Josh Seidman and Meg Toth take a look at “unlimited” PTO policies at the international level. Josh and Meg are joined by two expert guests, Dan Waldman and Ana Cid, partners in Seyfarth Shaw LLP's International Employment Law practice, to discuss important legal, practical, and cultural considerations for businesses wondering if an “unlimited” PTO program makes sense for their international employees. Specific topics include thoughts on which countries are among the most complex from the perspective of leave of absence regulations, differences between international and domestic leave of absence and time off laws, and understanding the concept of “unlimited” PTO outside of the U.S. (i.e., pros and cons, how it differs from such setups in the U.S., the relevance of there being no international employment at will doctrine, etc.).

Over the last two years, in the wake of the COVID-19 pandemic, the way people work has changed drastically and the number of employers permanently adopting remote and/or hybrid work policies is continuing to grow. Many forward-thinking employers who have adopted or considered remote or hybrid work policies are encountering a host of new, complex issues related to leaves and accommodations and grappling with complicated tax considerations. During this episode of “Take It or Leave It,” co-hosts Josh Seidman and Meg Toth are joined by two expert guests, Tracy Billows, a labor and employment lawyer and co-Managing Partner of Seyfarth Shaw LLP's Chicago office and Paul Drizner, a tax lawyer and partner from Seyfarth Shaw LLP, to discuss many important issues that employers with full or partial remote workforces are facing related to leaves and accommodations and tax implications. Specific topics include coverage of remote workers under various federal, state and local paid leave laws, managing leaves and accommodations for remote workers, how to handle reasonable accommodation requests for remote work, and tax considerations for employers who find themselves with employees in states where they have never had employees before.

The country's patchwork of state and local paid leave laws continues to evolve and impose perplexing and burdensome compliance obligations on even the most well-intentioned employers. A federal paid leave mandate affecting private employers, and with it a possible reprieve from the patchwork, has eluded lawmakers in Congress for years. The Build Back Better Act (“BBBA”) is the latest Congressional effort to enact a federal paid leave mandate, in this case a paid family and medical leave (“PFML”) program. During this episode of “Take It or Leave It,” Ilyse Schuman, Senior Vice President, Health Policy at the American Benefits Council, joins co-hosts, Josh Seidman and Meg Toth, to discuss the history and current status of the BBBA, details of the BBBA's PFML proposal, such as amount of weeks, qualifying absences, coverage and eligibility, and compliance options, and how the current PFML proposal would interact with the existing federal FMLA, as well as with state PFML programs and employer policies.

Prior to exemption requests for the COVID-19 vaccine, most employers were familiar with and regularly handled medical accommodation requests under the ADA. However, even for experienced employers, employee requests to be exempt from the COVID-19 vaccine for medical or disability-related reasons, particularly in the face of company vaccine mandates, have presented some significant and novel issues. During this episode of “Take It or Leave It,” Labor & Employment Attorney and ADA accommodation expert, Kristin McGurn, joins co-hosts, Josh Seidman and Meg Toth, to discuss different types of medical accommodation requests employers are receiving from employees in response to COVID-19 vaccine mandates, how employers are handling medical opinions from treating healthcare providers that conflict with CDC guidelines, and the different approaches employers are using to analyze and address these medical accommodation requests.

The increasing number of employers implementing COVID-19 vaccine mandates in the workplace has led to a significant influx of religious accommodation requests from employees asking to be exempt from receiving the COVID-19 vaccine. This high volume of religious accommodation requests and novel legal issues being presented by such requests have left many employers scrambling to process and address these requests in an efficient and legally compliant manner. During this inaugural episode of “Take It or Leave It,” Labor & Employment Attorney and religious accommodation expert, Dawn Solowey, joins co-hosts, Josh Seidman and Meg Toth, to discuss the various types of religious accommodation requests employers are receiving from employees in response to COVID-19 vaccine mandates, the different approaches employers are using to analyze and address these religious accommodation requests in a legally compliant manner, and practical considerations for handling large volumes of requests.

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.