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Nov 14 2013
CaliforniaHiringLeave Laws

New California employment-related laws to take effect in 2014

Governor Brown has recently signed a flurry of California bills into law. At press time, a number of bills are still at the Governor’s desk awaiting signature or veto. So, stay tuned and Vigilant will continue to report on developments. Here is a summary of key new employment-related laws to date, with links to the…

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Oct 31 2013
Leave LawsQ&A

FMLA Certifications from Foreign Doctors

A: Yes, if she is eligible for leave and you receive timely, complete, and sufficient information supporting the need for leave from her mother’s health care provider. A certification from a foreign provider is sufficient under the FMLA, so long as that person is authorized to practice in his or her country, which is understandably…

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Oct 10 2013
Leave LawsQ&AWage and Hour

Do we have to pay our exempt employees while they are on a one or two day military leave?

A: Just like with jury duty, you do have to maintain the salary of exempt employees during temporary military leave unless the leave is for a full workweek or more. You can, however, offset his salary with his military pay so that he’s not making more while on leave. Since you should treat military leave…

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Aug 29 2013
Leave Laws

Religious accommodation request unclear? Ask for clarification

If an employee asked you for unpaid leave to travel abroad for his father’s funeral and to participate in the burial rites, would you understand that to be a request for a religious accommodation? One employer didn’t and is being sued by the employee for its failure to accommodate his sincerely held religious beliefs and…

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Jul 18 2013
Leave LawsOregon

OREGON: Leave for domestic violence, sexual assault and stalking expanded

All employees will be eligible to take leave for domestic violence, sexual assault or stalking, if they work for an employer with at least six employees, pursuant to HB 2903, which was recently signed by the governor and goes into effect on January 1, 2014. Previously, in order to qualify for protected leave due to…

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Jul 09 2013
DisabilityLeave LawsQ&A

Employee’s FMLA fitness-for-duty note can’t be refused

A: No. The FMLA rules make it clear that the employee must be reinstated to his job without delay once he provides a note from his health care provider stating that he’s able to return to work. The FMLA allows you to contact the provider to seek clarification about the employee’s ability to return, but…

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Jul 09 2013
Leave LawsOregon

OREGON: Bereavement leave will be protected under OFLA

The categories of protected leave under the Oregon Family Leave Act (OFLA) will be expanded to include bereavement leave as of January 1, 2014, pursuant to HB 2950, which was recently signed by Governor Kitzhaber. Under the new category, employees can take protected leave to deal with the death of a family member by: (1)…

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May 01 2013
Leave Laws

Court backs employer on FMLA recertification of intermittent leave

Administering intermittent leave under the federal Family and Medical Leave Act (FMLA) can be a challenge for employers. Planning and scheduling are especially difficult when the employee’s condition is episodic and unpredictable, such as migraine headaches. Sometimes the employee requests leave more frequently than what’s supported by the medical certification. What can be done? One…

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Mar 19 2013
Leave Laws

FMLA regulations, forms, and poster updated for employees needing military family leave

The U.S. Department of Labor (DOL) has updated its regulations, forms, and poster under the federal Family and Medical Leave Act (FMLA). Most of the changes were due to Congress amending the FMLA with two separate laws in 2009. One law expanded FMLA leave for employees with family in the military and the other made…

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Nov 20 2012
Leave LawsQ&A

Finding Fault in No-Fault Attendance Policies

A: Illegal? Maybe. Risky? Definitely. While no-fault attendance policies seem fair, you can end up with one of two problems. If you throw medical absences in with the rest, you could improperly deny FMLA leave or ADA accommodation (exactly why the EEOC tagged Verizon for $20 million in 2011). But if you don’t count medical absences, some…

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Nov 09 2012
Drug and AlcoholEmployee BenefitsLeave Laws

Alert: Initiatives on recreational marijuana and same-sex marriage raise questions for employers(WA)

Now that Washington voters have voted to legalize recreational marijuana use (I-502) and endorse same-sex marriage (R-74), employers have been asking whether these laws will impact their employment policies. Here’s Vigilant’s take on these two issues. Recreational marijuana use We don’t expect I-502 to affect employers’ ability to enforce their drug policies. The new law…

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Oct 10 2012
Leave LawsQ&A

How To Address Attendance Problems when the FMLA is Also in Play

A: Very carefully. There’s no free pass on missing work, but disciplining a frequent FMLA user can be tricky. The best approach is to use a leave tracking form, designating protected and unprotected absences. When the employee accumulates enough unprotected absences to trigger an attendance violation, it’s time to address the situation. Ignore all protected…

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