Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: Leave Laws

Photo of Jon Benson
May 19 2022
DisabilityLeave Laws  

ADA claims don’t require long-term limitations

The U.S. Ninth Circuit Court of Appeals recently ruled that the federal Americans with Disabilities Act (ADA) doesn’t require an employee to have long-term medical issues in order to establish a disability. The employee in this case was a newly hired HR generalist who was approved for an eight-week leave of…

Read More…
Photo of Lorraine Amrine
May 05 2022
HiringLeave LawsTermination & Resignation  

Q&A: Temporary protected status may extend work authorization

Question: Last year during the I-9 process, a new hire showed me a Form I-766 (Employment Authorization Document) as proof of eligibility to work. The card is expiring soon and I’ve asked for updated documentation to reverify their authorization to work, but they say they don’t have any new documents. Will I have to…

Read More…
Photo of Lorraine Amrine
Apr 21 2022
Leave Laws  

OREGON: Paid sick time expanded in advance of summer heat

The Oregon Bureau of Labor and Industries (BOLI) has made a permanent rule that expands the reasons for Oregon paid sick leave to include time off related to emergency evacuation orders as well as unhealthy air quality or high outdoor temperatures. The permanent rule is identical to the temporary rule…

Read More…
Photo of Kandis Sells
Apr 07 2022
Leave Laws  

WASHINGTON: New law makes changes to PFML

The Washington legislature passed a handful of changes to the Paid Family and Medical Leave (PFML) program, which were signed into law by Governor Jay Inslee on March 30, 2022 (SSSB 5649). These key changes are effective June 9, 2022: Family leave may now be used for bereavement for seven calendar…

Read More…
Photo of Sean Brown
Mar 03 2022
Leave Laws  

Q&A: Don’t let frustration and doubt impact leave law compliance

Question: We have an employee with terrible attendance who’s now asking for 4 weeks off to have surgery in Korea, although we suspect she just wants to take time off to see family. Can we apply our attendance policy if she takes the trip and doesn’t come to work? Answer: These kinds of…

Read More…
Photo of Leila Duntley
Mar 03 2022
COVID-19Leave Laws  

CALIFORNIA: FAQs published for 2022 Supplemental Paid Sick Leave

The California Labor Commissioner has published updated FAQs about the COVID-19 2022 Supplemental Paid Sick Leave (SPSL) law, which applies to employers with 26 or more employees. As we previously reported, the 2022 SPSL law (SB 114) took effect on February 19, 2022, requiring covered employers to provide SPSL to…

Read More…
Photo of Kara Craig
Feb 17 2022
COVID-19Leave Laws  

Q&A: Don’t be too hasty in deciding time off request is fraudulent

Question: One our employees called in sick, saying he had COVID-19 (coronavirus) symptoms. We approved the sick day. His coworker showed us a video of the “sick” employee on a road trip. He lied to us! Can we fire him? Answer: Be careful when questions arise about the legitimacy of an employee’s request for time…

Read More…
Photo of Kandis Sells
Feb 17 2022
Leave LawsWage and Hour  

Q&A: Employee working from home in Seattle gets Seattle rights

Question: An employee working remotely from her home in Seattle is demanding a raise because the Seattle minimum wage increased this year. Our company doesn’t have any locations or other employees in the city, so Seattle’s laws don’t apply to us, right? Answer: If you have even one employee who works within the Seattle city…

Read More…
Photo of Lorraine Amrine
Feb 17 2022
Q&ACOVID-19Leave LawsWorkers’ Comp  

Q&A: Be aware of employment protections for COVID-19 absences

Question: Early in the pandemic, we didn’t discipline for absences related to COVID-19 (coronavirus). With all that’s changed since then, can we return to our regular attendance policy? Answer: Not so fast. In any state, if an employee quarantines or isolates due to a workplace exposure, the employee may have protection under state…

Read More…
Photo of Karen Davis
Feb 17 2022
COVID-19Leave Laws  

CALIFORNIA: Inform employees of your approach to 2022 SPSL

If you employ 26 or more employees, we recommend that you notify any California employees how you will handle retroactive requests for 2022 COVID-19 Supplemental Paid Sick Leave (SPSL). As we reported in a recent Alert, the 2022 COVID-19 SPSL law (SB 114) takes effect on February 19, 2022, but…

Read More…