Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Leave Laws

Jan 09 2014
Q&ALeave Laws

Who qualifies as a child under the FMLA?

Q: Our employee would like to take time off to care for her niece, who has a serious health condition. The niece lives with the employee, but there’s no legal guardianship arrangement. Can the employee take FMLA leave in this situation?

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Nov 25 2013
Q&ADisabilityHiringImmigrationLeave Laws

Temporary workers—whose employee is this?

Q: We use a lot of workers that we obtain from a temporary services provider. What employment obligations do we have with respect to these workers since they’re not really “our” employees?

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Photo of Jon Benson
Nov 14 2013
HiringLeave LawsWage and Hour  

New California employment-related laws to take effect in 2014

Governor Brown has recently signed a flurry of California bills into law.

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Photo of Jodi Slavik
Oct 31 2013
Q&ALeave Laws  

FMLA Certifications from Foreign Doctors

Q: I have a worker that returned to her country during the holiday season and sent a cryptic note from her foreign doctor, stating she needed to stay and care for her mother. Do I have to provide FMLA leave?

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Photo of Lorraine Hoffman
Oct 10 2013
Q&ALeave LawsWage and Hour  

Do we have to pay our exempt employees while they are on a one or two day military leave?

Q: We have an exempt employee who is in the National Guard. He requested a single day off for duty. Since he’s a salaried employee and he’s working during that pay period do we have to pay him his full salary?

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Aug 29 2013
Leave Laws

Religious accommodation request unclear? Ask for clarification

If an employee asked you for unpaid leave to travel abroad for his father’s funeral and to participate in the burial rites, would you understand that to be a request for a religious accommodation?

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Photo of Diane Buisman
Jul 18 2013
Leave Laws  

OREGON: Leave for domestic violence, sexual assault and stalking expanded

All employees will be eligible to take leave for domestic violence, sexual assault or stalking, if they work for an employer with at least six employees, pursuant to HB 2903, which was recently signed by the governor and goes into effect on January 1, 2014.

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Jul 09 2013
Q&ADisabilityLeave Laws

Employee’s FMLA fitness-for-duty note can’t be refused

Q: An employee who has been on FMLA leave for his own serious health condition—a very serious heart condition—has given us a note from his doctor that says he’s fit to return to duty, but we have grave concerns about whether he can work safely. Can we require him to get a second opinion from our company doctor before we return him to his job?

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Photo of Diane Buisman
Jul 09 2013
Leave Laws  

OREGON: Bereavement leave will be protected under OFLA

The categories of protected leave under the Oregon Family Leave Act (OFLA) will be expanded to include bereavement leave as of January 1, 2014, pursuant to HB 2950, which was recently signed by Governor Kitzhaber.

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Photo of Karen Davis
May 01 2013
Leave Laws  

Court backs employer on FMLA recertification of intermittent leave

Administering intermittent leave under the federal Family and Medical Leave Act (FMLA) can be a challenge for employers.

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