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Jan 02 2018
Leave LawsWashington

Final rules released for Washington paid sick leave

Washington Paid Sick Leave: What To Know Effective January 1st, 2018, Washington state employers are now required to provide mandatory paid sick leave to all employees. The Department of Labor and Industries released the final rules addressing Initiative 1433, which mandates 1 hour of paid sick leave for every 40 hours worked, with no cap…

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Oct 18 2017
DisabilityLeave LawsWashington

What accommodations do pregnant employees get in Washington?

Answer: Yes, if you have 15 or more employees. Washington’s new Healthy Starts Act, effective July 23, 2017, requires employers to provide pregnant employees with certain workplace accommodations, regardless of whether the employee is actually “disabled” and without regard to whether it would cause the employer an “undue hardship.” If requested, the employer must provide:…

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Oct 03 2017
Harassment & Discrimination

Pregnancy Discrimination Act covers breastfeeding

A recent court of appeals decision serves as a good reminder that women are protected by the federal Pregnancy Discrimination Act (PDA) from discrimination or retaliation for requesting workplace accommodations for expressing breast milk. The PDA prohibits employers with 15 or more employees from discriminating against a woman because she is pregnant, might become pregnant,…

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Sep 19 2017
Disability

New Washington pregnancy accommodation law is in effect

Washington has a new “Healthy Starts Act” that requires employers with 15 or more employees to provide reasonable accommodations to pregnant workers without regard to whether they are actually disabled. Upon request by employees who are pregnant or have pregnancy-related health conditions, covered employers are required to provide the following accommodations: More frequent, longer, or…

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May 15 2017
Leave LawsQ&A

Unmarried employee entitled to FMLA when girlfriend gives birth?

A: Time off for the birth and to bond with the child may qualify as protected time under the federal Family and Medical Leave Act (FMLA). However, time spent caring for the employee’s pregnant girlfriend prior to giving birth would not qualify as FMLA (e.g. if the girlfriend was on bed rest during pregnancy). In…

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May 03 2017
Leave Laws

Time off for child care may qualify for FMLA leave

A: Maybe. Assuming both the employer and employee are covered by the federal Family and Medical Leave Act (FMLA), the employee is entitled to FMLA leave to care for her toddler if his autism meets the definition of a serious health condition. FMLA leave is often related to an illness or injury, but the definition…

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Mar 31 2017
Leave Laws

Employer should have asked for more information before denying FMLA leave

In this case, the employee’s grandfather raised him from before the age of four. The court faulted the credit union for failing to ask for additional information to determine whether his grandfather was a covered family member (Courtard v. Municipal Credit Union, 2nd Cir., Feb. 2017). Tips for Employers Refine Policy Definitions, Probe for Information…

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Mar 23 2017
DisabilityHarassment & DiscriminationHiring

Accurate job description results in dismissal of worker’s ADA claim

After an employee was terminated from her job as a groundskeeper at a community recreational park, she sued her employer under the Americans with Disabilities Act (ADA). Based primarily on the job duties listed in the employer’s written job description, a federal court agreed that the employee was not able to perform the essential duties…

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Feb 21 2017
HiringImmigration

Employer fined more than $109,000 for Form I-9 violations

Employment eligibility verification and immigration law: As an employer, have you ever done the following? (1) Stapled a copy of a new hire’s identification documents but didn’t actually fill out the Form I-9; (2) Didn’t complete a Form I-9 within three business days of hire; or (3) Didn’t retain I-9 forms for former employees more…

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Jun 13 2016
Q&ATermination & Resignation

Employer’s Response to Unemployment Forms

A: Neither. The federal Unemployment Insurance Integrity Act (2011) requires employers to respond timely and adequately to a state’s request for information to determine eligibility for unemployment benefits. Each state also has a corresponding law that penalizes employers who fail to provide accurate, timely information on unemployment forms. In some states it’s a misdemeanor offense…

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Nov 27 2015
Harassment & Discrimination

Harassment case based on anti-Muslim comments heads to trial

A case against Boeing alleging inflammatory, harassing comments against an Egyptian-born Muslim employee will move forward to trial in Washington. The employee alleges that a Boeing supervisor denied him a temporary promotion because of his race, and that various managers and coworkers made racist and derogatory comments to him about his race, national origin, and…

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Nov 23 2015
DisabilityLeave LawsQ&A

What is the law regarding pregnancy time off in Washington?

A: Yes, under Washington law if you have at least eight employees you must give your pregnant employee a leave of absence for the entire time she is sick or temporarily disabled due to pregnancy or childbirth. This law applies to all pregnant employees, regardless of their position, pay, number of hours worked, or length…

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