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Feb 01 2017
Leave LawsQ&A

Do we have to give FMLA leave to remote employees?

A: Maybe. There are two different thresholds to determine whether someone is eligible for leave under the federal Family and Medical Leave Act (FMLA). First, the employees must have worked for you for at least 12 months (which need not be consecutive), and have worked 1,250 hours in the 12 months before the leave is…

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Jan 09 2017
Leave LawsOregonQ&A

Oregon Sick Leave law: Are we required to provide more time off?

A: The Oregon Sick Leave law requires that qualifying employers allow employees to apply up to 40 hours of paid time for sick leave purposes each year. If employees use all of their paid time for vacation, they may not have any time left for sick leave. The Oregon law does not require employers to…

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Dec 20 2016
DisabilityLeave LawsTermination & Resignation

Q&A: Risky to discipline for performance problems upon return from leave

Answer: Think about how a government agency or a jury would look at this situation. Would they think you treated this employee fairly?   While at-will employment provides employers and workers with the freedom to terminate the employment relationship at any time, there are public policy reasons that forbid terminating employees on the basis of…

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Dec 15 2016
Leave LawsWashington

Significant changes to paid leave requirements in Spokane Washington

Here are the key changes that employers should be aware of: Sunset provision: ESSL will automatically sunset on December 31, 2017, or the date the State of Washington implements Initiative 1433, whichever occurs later. I-1433 contains a statewide paid leave requirement; see our alert on this new law for more information. Enforcement: For 2017, the…

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Nov 10 2016
Drug and AlcoholEmployee BenefitsLabor Relations

Alert: 2016 ballot measures and election results will impact the workplace

CALIFORNIA: Voters approve recreational marijuana Californians voted to approve Proposition 64, the “Adult Use of Marijuana Act,” which legalizes the use of recreational marijuana in the state by individuals who are at least 21 years old. The new law protects individuals from criminal prosecution, but specifically preserves an employer’s right to enforce a drug-free workplace…

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Nov 03 2016
Leave LawsQ&A

Q&A: Do small businesses with some common ownership have to count combined employees for FMLA and other laws?

Answer: Possibly, depending on the particular law. The federal Family and Medical Leave Act (FMLA) uses an “integrated employer” test to determine if related companies should count their employees combined as one employer. Employers are covered under the FMLA if they employ at least 50 employees, so it would apply if all 65 employees need…

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Oct 10 2016
Leave LawsQ&A

Q&A: Do employees have the right to take time off to vote?

A: There is no federal law that requires employers to grant leave, either paid or unpaid, to allow employees time off to vote. However, many states do have laws providing employees the ability to take protected time off for voting. For example, California allows employees up to two hours paid leave to go vote if…

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Jul 28 2016
Leave LawsTermination & Resignation

Employer failed to properly account for overtime in FMLA calculations

Because an employee was subject to discipline if he missed overtime shifts for which he volunteered, the extra shifts were actually mandatory for purposes of calculating regular work hours under the federal Family and Medical Leave Act (FMLA), ruled the Eighth Circuit U.S. Court of Appeals. The company in this case improperly ignored all of…

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Jun 03 2016
Employee BenefitsLeave LawsOregon

Oregon BOLI updates regulations on social media, OFLA, and domestic workers

In response to 2015 changes to employment laws, the Oregon Bureau of Labor and Industries (BOLI) has finalized revised administrative rules regarding employees’ social media accounts, medical insurance during Oregon Family Leave, and domestic workers. Social Media: Employee Use and Privacy This revision clarifies that, not only is it an unlawful employment practice to require…

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Jun 02 2016
Leave LawsQ&A

What happens when an employee is asked by the government to help with a natural disaster?

A: The employee’s time out of the office is protected under federal law, and most likely, under state law as well. The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) grants leave to certain employees with medical expertise when they are dispatched by the federal government to deal with natural disasters. Through the National…

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May 19 2016
Employee BenefitsLeave LawsQ&A

Is an employee out on workers’ comp entitled to health insurance?

A: No, and in fact, you shouldn’t unless he qualifies for leave under the federal Family and Medical Leave Act (FMLA). There are only three reasons an employee should be on your insurance plan: (1) they meet the eligibility requirements to be an active participant under your insurance contract; (2) you’re required to offer coverage…

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May 19 2016
Leave LawsQ&A

What employee threshold triggers the FMLA?

A: Probably not, but it depends. An employer is considered “covered” under the FMLA if it has 50 or more employees on its payroll for 20 or more calendar workweeks (which do not need to be consecutive) in either the current or preceding calendar year. Both full-time and part-time workers are included in the total…

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