Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Leave Laws

Photo of Jodi Slavik
Nov 08 2019
Leave Laws  

Washington Paid Family & Medical Leave Resources

Washington Paid Family & Medical Leave is coming. Starting on January 1, 2020, your employees will be able to apply for Washington Paid Family and Medical Leave benefits. The law created a lot of questions and many employers are still struggling to find answers. We're here to help. Below you will find a number…

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Photo of Jodi Slavik
Aug 29 2019
Leave Laws  

DOL says FMLA covers special ed consultations at child’s school

Recently the U.S. Department of Labor (DOL) released an opinion letter saying an employee should be granted intermittent leave under the federal Family and Medical Leave Act (FMLA) to attend school meetings related to her children’s health. The children had medically certified serious health conditions, and the employee was allowed intermittent…

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Photo of Lorraine Hoffman
Aug 29 2019
Leave LawsWage and Hour  

Q&A: Denying perfect attendance bonus to FMLA users can spell trouble

Question: We have a “no-fault” attendance policy, which means that if an employee doesn’t show up for a scheduled shift, they get a point. We’re careful, however, not to penalize, discipline, or terminate anyone for using protected leave (such as paid sick leave or FMLA). Instead, we incentivize employees. If an employee reaches the…

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Photo of Matt Norris
Aug 06 2019
WebinarLeave LawsWage and Hour  

Webinar: Oregon Legislative Update 9/12/19 - Register now!

  WHAT EMPLOYERS NEED TO KNOW Thursday, September 12, 2019 10-11 a.m. Pacific / 1-2 p.m. Eastern   Oregon employers are facing a wave of new state employment laws after the 2019 Legislative Session. Many are still trying to figure out how to sort through all the new rules, and asking questions such as: What changes do we…

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Photo of Kandis Sells
Apr 18 2019
Leave Laws  

Q&A: Are remote employees who are out of state eligible for FMLA?

Question: We have a handful of remote employees who work out of their homes in other states where we don’t have offices or other employees. Can these employees ever be eligible for FMLA since we don’t have 50 or more employees within 75 miles of them? Answer: Yes, they may still be eligible…

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Photo of Matt Norris
Mar 26 2019
Leave Laws  

DOL says employers can’t delay designation of FMLA-qualifying leave

The U.S. Department of Labor (DOL) recently issued an opinion letter stating that employers must designate an employee’s leave as time off under the federal Family and Medical Leave Act (FMLA) if the leave is for an FMLA-qualifying reason. Vigilant previously reported that the Ninth Circuit Court of Appeals said an…

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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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