Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Leave Laws

Photo of Kara Craig
Aug 17 2018
Q&ADisabilityLeave LawsSafety and Health  

Q&A: No FMLA notice required unless employee asks for time off

Question: I have a production employee who says that standing for eight hours a day is causing him pain. He doesn’t want to go on any type of leave and says he’d rather just suffer through it. We are covered by the federal Family and Medical Leave Act (FMLA). What do I do?
 

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Photo of Jodi Slavik
Aug 17 2018
Leave Laws  

Phase 1 of Washington State Paid Family Leave rules released

The Washington Employment Security Department (ESD) is in the process of rulemaking for Washington Paid Family and Medical Leave (WPFML). As we previously reported, WPFML provides leave benefits starting in 2020, with tax assessments on employees and employers beginning January 1, 2019. Phase 1 Complete ESD has divided rulemaking into six phases.…

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Photo of Jackie Marks
Jun 19 2018
Q&ALeave LawsWage and Hour  

Q&A: FMLA-required rest breaks generally not compensable under FLSA

Question: We have a non-exempt employee who has a medically certified serious health condition that requires a 10-minute rest break every hour. Our current schedule allows one 10-minute rest break for every four hours worked, so most non-exempt employees only receive two rest breaks each shift and not the eight this employee requires. Do we have to pay the employee for all eight rest breaks?

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Photo of Jackie Marks
May 25 2018
Q&AHarassment & DiscriminationLeave Laws  

Q&A: Leave is last resort for pregnant worker with lifting restrictions

Question: We have a pregnant employee who just notified us she has lifting restrictions for the remainder of her pregnancy. Her current position requires consistently lifting 40 pounds, but she says she can’t lift more than 10 pounds. Can we put her on leave for the rest of her pregnancy?

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Photo of Jon Benson
Jan 18 2018
Leave Laws  

Supervisors can be held individually liable for FMLA violations

A federal district court in California recently ruled that supervisors can be sued individually for violations of the federal Family and Medical Leave Act (FMLA). The ruling means that supervisors could be independently responsible for damages, separate and apart from the employer’s liability. In reaching this decision, the court focused on the…

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Photo of Kandis Sells
Jan 08 2018
Employee BenefitsLeave Laws  

Employee on military leave qualified for higher bonus upon return

A pilot who would have qualified for a higher pay grade had he not been on military leave should have received a bonus upon his return at the rate for the higher pay grade, ruled the U.S. Ninth Circuit Court of Appeals. The pilot (a union member) was selected by his…

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Photo of Kandis Sells
Jan 02 2018
Leave Laws  

Final rules released for Washington paid sick leave

Effective January 1, 2018, Washington employers are now required to provide mandatory paid sick leave to all employees. The Department of Labor and Industries (L&I) recently released the final rules addressing Initiative 1433, which mandates 1 hour of paid sick leave for every 40 hours worked, with no cap on accrual or…

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Photo of Jackie Marks
Dec 11 2017
Leave Laws  

Q&A: Front-loaded PTO policies create problems with Washington paid sick leave

The Question: We are trying to prepare for the implementation of the Washington paid sick leave going into effect on January 1, 2018. We have locations in Bellevue and Olympia, Washington, as well as in Eugene, Oregon. We front-load our paid time off (PTO) at the beginning of the calendar year and don’t carry over any remaining PTO at the end of the calendar year. We know we are in compliance with Oregon’s paid sick leave. Will our policy also comply with Washington’s new paid sick leave law?

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Photo of Jackie Marks
Nov 20 2017
Q&ADisabilityLeave Laws  

What to do after an employee’s FMLA leave expires

Question: We have an employee who took 12 weeks of FMLA leave because of her own serious health condition. Her leave is now expired but she still isn’t able to return to work. Can we terminate her employment since she doesn’t have any FMLA leave left?

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Photo of Sean Brown
Nov 08 2017
Leave LawsWage and Hour  

How does Washington’s paid sick leave law apply to truck drivers?

Q: Is there an exemption from Washington’s paid sick leave law for truck drivers? If not, how do we comply with Washington’s paid leave requirement of providing 1 hour of paid leave for every 40 hours worked when we pay our truck drivers in Washington on a cents per mile basis, rather than hourly?

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