Employment Law Blog

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Showing posts for: Leave Laws

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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Photo of Lorraine Hoffman
Nov 03 2016
Q&ALeave Laws 

Q&A: Do small businesses with some common ownership have to count combined employees for FMLA and other laws?

Question: I handle HR functions for four separate but related family-owned companies. Each company is fairly small, but altogether there are 65 employees. The companies have some overlapping ownership, but they aren’t owned by exactly the same people. Do I have to worry about family leave laws, since each company is well under the employee threshold to trigger coverage?

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Photo of Jackie Marks
Oct 10 2016
Q&ALeave Laws 

Q&A: Do employees have the right to take time off to vote?

Q: Do we have to allow employees time off, either with or without pay, to go vote?

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Photo of Karen Davis
Jul 28 2016
Leave LawsTermination & Resignation 

Employer failed to properly account for overtime in FMLA calculations

Because an employee was subject to discipline if he missed overtime shifts for which he volunteered, the extra shifts were actually mandatory for purposes of calculating regular work hours under the federal Family and Medical Leave Act (FMLA), ruled the Eighth Circuit U.S. Court of Appeals. The company in this…

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