Home » Blog » Leave Laws » Page 17

Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: Leave Laws

Mar 30 2015
Leave Laws

Incomplete FMLA policy language snares employer

The policy stated full-time employees who had worked for the employer and accumulated 1,250 work hours in the previous 12 months were eligible under the FMLA. However, the employee did not work for a location that had 50 or more employees within 75 miles, which is required by the statute for eligibility. The court found…

Read More
Mar 03 2015
Leave LawsQ&AWage and Hour

In California, Oregon and Washington: Are employers required to pay out sick leave?

A: No, none of the new sick leave laws currently require employers to pay out unused paid sick leave. However, in some states, such as California and Montana, if an employee accrues rights under company policy to paid time off (PTO) or vacation, the amount becomes payable upon separation from employment. In these states, employers…

Read More
Jan 27 2015
Leave Laws

Paid sick leave is on the horizon across the nation

In his State of the Union address earlier this week, President Obama supported a trend that we’ve seen growing on the West Coast for the past several years: mandated paid sick leave for employees. While this concept has been discussed in the past, with little political traction, the current landscape seems different than in previous…

Read More
Jan 27 2015
CaliforniaDisabilityLeave Laws

CALIFORNIA: Indefinite leave of absence is not required under FEHA

A federal district court recently ruled that a California employer wasn’t required to grant indefinite leave for an individual with a disability. Over the course of a year and a half, a sales clerk who injured her foot at work was provided with multiple accommodations consistent with the doctor’s restrictions, including a leave of absence,…

Read More
Jan 27 2015
CaliforniaHiringLeave Laws

CALIFORNIA: Two options available for paid sick leave compliance

The new paid sick leave law in California, AB 1522, is on employers’ minds as we begin 2015. There are two ways to comply with the law, and you have until July 1, 2015, to determine which fits your company the best: 1. Accrual Method: Employers provide paid sick leave that employees accrue at the…

Read More
Jan 22 2015
Leave Laws

Employer cannot terminate for unmet sales goals when FMLA leave reduced sales

An employer violated the federal Family and Medical Leave Act (FMLA) when an account executive who took five weeks of FMLA leave was subsequently disciplined and terminated for failing to achieve her sales goals. Not surprisingly, the employee filed a claim against her former employer alleging interference with her employment rights under the FMLA. The…

Read More
Dec 22 2014
Leave Laws

Taking FMLA into Account Could Create Liability

The former employer claimed the reason for not considering her was that she had left an unprofessional voicemail with crying and profanity. She alleged that the voicemail was merely an inquiry into the status of the hiring process and not unprofessional at all. She claimed the real reason for rejecting her applications was her use…

Read More
Dec 03 2014
CaliforniaLeave LawsQ&A

Choose the FMLA leave year wisely or you could be allowing double usage

A: Yes, if the employer is using the calendar or fixed year method of tracking leave under the Family and Medical Leave Act (FMLA). The calendar method uses January 1 through December 31 as the basis for the 12-month period, while a fixed leave year uses any fixed 12-month period (e.g. an employee’s anniversary date)….

Read More
Nov 10 2014
CaliforniaLeave LawsQ&A

How does California’s new sick leave law impact PTO policies?

A: Possibly, although you’ll likely need to make some changes. California recently became the second state in the country to require employers to provide paid sick leave (AB 1522), and many companies are left wondering whether their paid time off (PTO) policy will comply with the new law. The answer depends on the PTO policy;…

Read More
Sep 29 2014
Leave LawsOregon

Actual Notice of FMLA Necessary to Hold Employees Accountable

The employee claimed that she did not know that her leave was being counted as FMLA and was not aware of the requirement that she must return within 12 weeks in order to protect her job. She alleged that if she had known of the expectations she would have expedited her treatment in order to…

Read More
Sep 24 2014
Leave LawsQ&A

What does reemployment of a veteran really mean?

A: Yes. The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) generally gives returning servicemembers the right to reemployment for up to five years after entering the military, provided they meet the eligibility requirements. When leaving to join the military, the employee doesn’t need to tell you whether they intend to return to work…

Read More
Sep 16 2014
CaliforniaLeave Laws

CALIFORNIA: California adopts mandatory paid sick leave

On September 10, Governor Brown signed into law the “Healthy Workplaces, Healthy Families Act of 2014,” (AB 1522) granting paid sick leave to virtually all employees in the state. The new law will take effect on July 1, 2015. The law provides that every person working at least 30 days in a year qualifies for…

Read More

Is My Company Eligible?

If you are a manufacturing or agriculture employer in Washington and committed to keeping your employees safe and working, you may be eligible for Vigilant's workers' compensation Retro or claims management programs. To see if you qualify fill out our release form now, or contact us.

Don’t Navigate Employment Issues On Your Own

Learn how Vigilant membership can help with your complex employment situations.
Scroll to Top