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Sep 11 2014
Leave LawsQ&A

How does military leave impact use of vacation time?

A: An employer can’t require an employee who is taking military leave to use accrued vacation or other paid leave during the time that they’re serving. However, if the employee wants to use accrued vacation or paid leave, the employer must allow them to do so. Generally, employers are more than willing to allow employees…

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Jul 17 2014
CaliforniaLeave Laws

CALIFORNIA: More family members covered by paid family leave

Effective July 1, 2014, employees in California may take paid family leave to care for a grandparent, grandchild, sibling, or parent-in-law with a serious health condition. The change is the result of a new law that expanded the definition of eligible family members, which originally included only a child, parent, spouse, or registered domestic partner…

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Jun 17 2014
CaliforniaLeave Laws

CALIFORNIA: Leave of absence for pregnant employee may not be reasonable accommodation

Granting a leave of absence instead of workplace accommodations to a pregnant employee may not have been reasonable under California law, ruled a federal district court in California. When a pregnant employee asked for an accommodation of a bathroom break every three hours, and no heavy lifting or pushing, her employer allegedly told her that…

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Jun 03 2014
CaliforniaLeave Laws

CALIFORNIA: Medical certification for CFRA more limited than federal FMLA

When an employer in California used the federal Family and Medical Leave Act (FMLA) medical certification form, it asked for more information than what is permitted under the California Family Rights Act (CFRA). Specifically, California employers cannot request information pertaining to “symptoms, diagnosis, hospitalization, doctor visits” and “whether any medication has been prescribed.”  An employer…

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May 20 2014
Leave Laws

Employer who attempted to retroactively rescind FMLA leave learns a tough lesson

In a recent case, a court ruled in favor of an employee on a federal Family and Medical Leave Act (FMLA) interference claim when the employer attempted to retroactively deny leave it had already granted and to recoup medical insurance premiums paid on the employee’s behalf. In this case, the employer did not follow set…

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May 09 2014
Leave Laws

Limited communications with employee on leave okay

Question: One of our employees is on an FMLA leave of absence. Are we allowed to contact her at all? Answer: It depends on the nature of the contact. An employer may not require an employee to perform work-related tasks during a leave of absence protected under the federal Family and Medical Leave Act (FMLA),…

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Apr 17 2014
Leave LawsQ&A

FMLA defines spouse according to state law

A: The FMLA allows an otherwise eligible employee to take leave to care for a spouse with a serious health condition. When determining who is a “spouse,” the FMLA looks to the law of the state where the employee resides, which includes common law marriages and same-sex marriages, where they are recognized by state law….

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Apr 02 2014
Leave Laws

FMLA May Cover Family Trip to Las Vegas

Providing physical and psychological care for a terminally ill parent on a last hurrah in Las Vegas qualified as care for a family member under the federal Family and Medical Leave Act (FMLA), ruled the Seventh Circuit U.S. Court of Appeals. An Illinois employee was terminated for excessive absenteeism after she accompanied her mother on…

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Mar 03 2014
Leave LawsOregon

OREGON: Portland publishes clarifications regarding eligibility for Portland sick leave

The City of Portland has revised its FAQs regarding Portland’s Protected Sick Time Ordinance. The update clarifies the city’s position regarding the requirement that an employee work 240 hours in the city of Portland prior to being able to use accrued sick time. The 240 hours must be within the same year, and hours worked…

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Jan 22 2014
DisabilityLeave Laws

Poor performance alone does not require employer to investigate possible disability

Previously, the employee had been given a written warning, provided remedial training, and placed on an improvement plan. Throughout her various levels of discipline, the employee never once indicated that her performance issues were caused by her disabilities. She only claimed this connection after being fired. In her lawsuit, she argued that the company violated…

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Jan 09 2014
Leave LawsQ&A

Who qualifies as a child under the FMLA?

A: Yes. The federal Family and Medical Leave Act (FMLA) allows employees to take time off to care for their child with a serious health condition. “Child” is defined as biological, adopted, foster, step, or someone that the employee is “in loco parentis” with, which means they are acting as their parent. The child needs…

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Nov 25 2013
DisabilityHiringImmigration

Temporary workers—whose employee is this?

A: You may not consider employees that you obtain from a temporary services company to be your employees, at least until you hire them on a permanent basis, but the law might. And, different laws apply differently to the temporary employment relationship, for example:   Federal Family and Medical Leave Act (FMLA): Under the FMLA,…

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