Employment Law Blog

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Showing posts for: Leave Laws

Photo of Kandis Sells
May 15 2017
Q&ALeave Laws  

Unmarried employee entitled to FMLA when girlfriend gives birth?

Q: A female employee requested two weeks off to be with her pregnant girlfriend when she gives birth. The employee is not married or living with this girlfriend, and the baby is not biologically hers. Of course we will give her the time off, but does it count as FMLA?

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Photo of Kandis Sells
May 03 2017
Leave Laws  

Time off for child care may qualify for FMLA leave

Q: An employee has requested time off two days each week to care for her autistic toddler who was recently expelled from his daycare. Are those absences covered by FMLA?

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Photo of Kandis Sells
Mar 31 2017
Leave Laws  

Employer should have asked for more information before denying FMLA leave

An employee who was denied leave to take care of his seriously ill grandfather can take his federal Family and Medical Leave Act (FMLA) interference claim to trial, thanks to a decision by the U.S. Second Circuit Court of Appeals. The employer, a credit union, denied the employee’s request for leave because the FMLA doesn’t cover leave to care for a grandparent. That’s mostly true, but the FMLA has a very broad definition of “parent,” which includes a person who stands in loco parentis (in the shoes of a parent) with the employee.

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Photo of Lorraine Hoffman
Feb 23 2017
Employee BenefitsLeave Laws  

Paid sick leave under fire in Oregon

Nine Oregon counties have successfully sued the state, claiming that the Oregon sick leave requirements, which took effect on January 1, 2016, create an unfunded mandate and therefore violate the state constitution. This means that unless the state appeals the decision, the counties who brought the lawsuit don’t have to provide paid…

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Photo of Jon Benson
Feb 22 2017
Q&ALeave Laws  

Can an ex-employee who joined the military demand their job back?

Q: Over four years ago we threw a big party for an employee who was joining the US Marine Corps. She never said anything about returning to work for us and we understood she was pursuing a military career. Yesterday she unexpectedly showed up and asked for her job back. Do we have to rehire her?

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Photo of Sean Brown
Feb 01 2017
Q&ALeave Laws  

Do we have to give FMLA leave to remote employees?

Q: Are our employees that work remotely, in homes that are more than 75 miles from our nearest location, eligible for FMLA?

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Photo of Christine Meadows
Jan 09 2017
Q&ALeave Laws  

Oregon Sick Leave law: Are we required to provide more time off?

Q: We give employees the choice of whether to apply paid time to sick leave absences or hold on to it for vacation. Several employees used up all of their protected leave for vacation, but now they’re calling in sick. Do we have to give them more time off for sick leave or can we count the absence under our attendance policy?

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Photo of Josephine Ko
Dec 20 2016
DisabilityLeave LawsTermination & Resignation  

Q&A: Risky to discipline for performance problems upon return from leave

Question: One of our employees is elderly, and he is currently out on medical leave for surgery. He has had performance issues, but we haven’t written him up for it. He’s an at-will employee, so can I demote him or eliminate his position because of his performance issues? He didn’t completely fill out his medical certification, so is he even entitled to take medical leave?

 

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Photo of Karen Davis
Nov 10 2016
Drug and AlcoholEmployee BenefitsLabor RelationsLeave LawsSafety and HealthWage and Hour  

Alert: 2016 ballot measures and election results will impact the workplace

With the November 8, 2016, election in our rear-view mirror, we’re reporting on three significant developments that will affect the workplace: California’s ballot measure on recreational marijuana, Washington’s ballot measure on paid sick leave and minimum wage, and the presidential election’s impact on recent federal employment law developments.

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