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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 for job-protected…

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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 employee could decide to…

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Feb 15 2019
Leave LawsTermination & Resignation

Consider FMLA even if not directly requested

In this case, a 15-year account manager with an automotive packing company was nearing retirement. He continued to work part-time while battling brain cancer, and received significant annual bonuses. Bonuses were measured based on calendar year performance, and required the employee to be employed during the first quarter of the following year. Twice he met…

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Aug 17 2018
DisabilityLeave LawsQ&A

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

Answer: A practical initial approach may be to explore whether there are any ergonomic changes that could be made to the workstation to reduce or eliminate the pain, such as a cushioned standing mat, a foot rest, or a stool. If that doesn’t help, you’re welcome to let him know about the availability of protected…

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Aug 17 2018
Leave LawsWashington

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. Phase 1, which…

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Jun 19 2018
Leave LawsQ&AWage and Hour

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

Answer: Probably not under the FLSA, but check state law. Recently, the U.S. Department of Labor (DOL) issued an opinion letter addressing federal Family and Medical Leave Act (FMLA) required rest breaks and whether employers must pay for them under the federal Fair Labor Standards Act (FLSA). The answer depends on who predominantly benefits from those…

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May 25 2018
Harassment & DiscriminationLeave LawsQ&A

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

Answer: Not so fast. You should proceed with caution when an employee informs you she is pregnant and unable to do her regular job. First evaluate whether you are required by law or company policy to accommodate those limitations. State laws in California and Washington provide specific rights for pregnant workers to be accommodated. It’s…

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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 specific language in…

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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 employer to receive training…

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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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Dec 11 2017
Leave LawsWashington

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

The Answer: No, you will need to make changes to your carryover policy to comply with the law, and you may want to reconsider your front-loading approach. The Washington paid sick leave (WPSL) law allows the use of an existing paid time off (PTO) plan, provided it meets the minimum requirements including allowing carryover into…

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Nov 20 2017
DisabilityLeave LawsQ&A

What to do after an employee’s FMLA leave expires

Answer: Not so fast! When an employee takes leave under the federal Family and Medical Leave Act (FMLA) for their own serious health condition, there are other issues to consider if the employee can’t return at the end of 12 weeks. Overlapping laws may prevent you from terminating the employee, such as the Americans with…

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