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Feb 02 2016
Leave LawsQ&A

What is the FMLA’s rule about 50 employees within 75 miles?

A: Unfortunately, no. Your employee is eligible to take leave under the FMLA, assuming he meets the other eligibility requirements (he has worked for you for 12 months and 1,250 hours in the last year). The FMLA allows an employee to take leave if he or she works at a site where 50 or more…

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Jan 19 2016
Leave LawsQ&AWorkers’ Comp

Does the FMLA apply to on-the-job injuries?

A: Yes, if all elements of the FMLA are met. A work-related injury, just like any other physical condition that necessitates time off, could be an FMLA-qualifying event. If your organization is covered by the FMLA, meaning that you have employed 50 or more employees for 20 or more workweeks in the current or preceding…

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Dec 18 2015
Leave LawsOregon

Final Oregon paid sick leave rules and notices have been published

The Oregon Bureau of Labor and Industries (BOLI) recently published final rules on the new Oregon paid sick leave law, which takes effect on January 1, 2016. Unfortunately, the agency failed to answer a number of fundamental questions, despite repeated requests from Vigilant and other employer representatives. Here are some key points: No guidance on…

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Dec 16 2015
Leave LawsOregonQ&A

Does the Oregon Sick Leave law require us to provide more time off?

A: Possibly. You can use an existing paid leave policy (e.g. vacation or paid time off) to comply with the new law, as long as it meets all of the law’s requirements. However, most employers find they need to change a few things. For example, the law allows employees to take leave in increments as…

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Dec 03 2015
Leave Laws

Two-week cruise does not qualify for FMLA leave

A win for employers came recently when a federal district court determined two weeks’ leave to go on a cruise did not qualify for leave under the federal Family and Medical Leave Act (FMLA) because it was not medically necessary and the employee was still able to perform the essential work functions of her position…

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Nov 23 2015
DisabilityLeave LawsQ&A

What is the law regarding pregnancy time off in Washington?

A: Yes, under Washington law if you have at least eight employees you must give your pregnant employee a leave of absence for the entire time she is sick or temporarily disabled due to pregnancy or childbirth. This law applies to all pregnant employees, regardless of their position, pay, number of hours worked, or length…

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Oct 15 2015
CaliforniaHarassment & DiscriminationLabor Relations

California Employers: More 2015 bills signed

Governor Jerry Brown has signed more bills from the 2015 California legislative session that affect employers, some of which are extremely significant. Unless otherwise indicated, these bills take effect on January 1, 2016. SB 358: The California Fair Pay Act dramatically expands the ability of workers to sue for sex discrimination in payment of wages….

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Aug 24 2015
Leave LawsTermination & Resignation

Attending church may be medically necessary

In an interesting twist, a welder has alleged that she was unable to work at all on Sundays in order to attend church and related social activities, but rather than requesting a religious accommodation she requested the time off under the federal Family and Medical Leave Act (FMLA) and Oregon Family Leave Act (OFLA) in…

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Jul 14 2015
Leave LawsQ&A

Could an employee’s text to a supervisor trigger FMLA?

Yes, a text from an employee to their supervisor could be enough to excuse their absence and trigger the Family and Medical Leave Act (FMLA), if you’ve allowed employees to use that method in the past. Many employers have a policy that requires employees to actually call in to the office in order to excuse…

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Jun 24 2015
Leave LawsOregon

ALERT: Oregon Governor Signs Paid Sick Leave Bill

Governor Kate Brown has officially signed into law Oregon’s paid sick leave bill (SB 454). Oregon employers should familiarize themselves with the bill and prepare to comply beginning January 1, 2016. Here we review five essential things to know, followed by five potential traps for employers. First, the five things to know: Covered employers: If…

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Apr 13 2015
Leave Laws

DOL clarifies definition of spouse under FMLA

The U.S. Department of Labor (DOL) recently released a final rule that redefines who qualifies as a spouse under the Family and Medical Leave Act (FMLA). The new rule specifically says marriage is defined by state law where the marriage was entered into, including states where common law and same-sex marriages are recognized. Previously, the…

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Apr 02 2015
Leave Laws

WASHINGTON: Tacoma adopts paid sick leave ordinance

• All employers with at least one employee are required to provide paid sick, safe, and bereavement leave. • Paid leave is provided for regular, temporary, part-time, and occasional (those working over 80 hours in Tacoma during the calendar year) employees. • Employees accrue one hour for every 40 hours worked, up to a total…

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