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May 05 2025
ImmigrationLeave LawsWashington

Washington paid leave now available for immigration proceedings

Governor Ferguson has signed SHB 1875, revising the Washington Paid Sick Leave law (WPSL) to allow employees to use paid sick leave for absences related to immigration proceedings. The revised law takes effect on July 27, 2025. The new law allows employees to use paid sick leave to prepare for or participate in any judicial…

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Mar 07 2025
DisabilityHarassment & DiscriminationLeave Laws

Q&A: Obtain medical opinion to evaluate direct threat under ADA

Question: One of our production employees reportedly “blacked out” a few times last week. When I asked her about it, she said she has a seizure disorder, but she can work. Her job requires working with heavy machinery. Are we supposed to put her back to work and hope for the best? Answer: No, you…

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Jan 24 2025
Leave LawsWorkers’ Comp

DOL explains intersection of FMLA and paid family leave programs

The U.S. Department of Labor (DOL) recently published an opinion letter that says the federal Family and Medical Leave Act (FMLA) rules on “substitution” of paid leave don’t apply when an employee is receiving pay under a state or local paid family leave program. FMLA leave is unpaid, but the FMLA regulations allow employers to…

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Jan 10 2025
Leave LawsTermination & Resignation

Be careful how you analyze FMLA leave to care for others

A finance manager who was denied the ability to take federal Family and Medical Leave Act (FMLA) leave to care for her seriously ill adult sister was given a second chance to show that her employer violated the law, following a U.S. Sixth Circuit Court of Appeals decision. The manager used five days of paid…

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Sep 13 2024
DisabilityLeave Laws

Q&A: Know how to handle time off request after discipline

Question: The day after a disciplinary meeting, an employee called in to say she needs four weeks off due to stress. What can we do? Answer: Unfortunately, this type of request is becoming more common. Start by assessing protected leave rights and then figure out how to address the employee’s performance upon return from work….

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Sep 13 2024
Leave LawsQ&A

Q&A: Check on unique state laws before denying leave

Question: My employee has used up all their vacation and sick leave, but now they need to take a day off to take their child to juvenile court. It’s always something with this employee and they use up their sick days as soon as they earn them. We don’t excuse people who miss work because…

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Sep 10 2024
Leave LawsSafety and Health

Q&A: Sick time covers wildfire evacuation

Question: The area where our business is located is under a level 3 (go now, shut the business) evacuation order from the county’s fire department due to wildfire danger. Can employees use their paid sick leave while we’re closed? Answer: If you’re located in Oregon or Washington, then yes, employees are allowed to use any…

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Jul 26 2024
Leave LawsSafety and HealthTermination & Resignation

Ninth Circuit approves video evidence in FMLA certification case

The U.S. Ninth Circuit Court of Appeals recently ruled that it was acceptable for an employer to present non-medical, video evidence from a hired private investigator at trial to demonstrate that an employee didn’t have a serious health condition under the federal Family and Medical Leave Act (FMLA). Employee’s Injury Claim Questioned as Surveillance Contradicts…

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Jul 12 2024
Leave LawsQ&AWage and Hour

Q&A: Don’t get fooled by public employee protections

Question: One of our employees sent me a copy of a state regulation they say entitles them to a leave of absence that is not provided for by our policies, or any law that I am aware of. It looks legit, though, and they are insistent. How did we miss this? Answer: You may not…

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Jul 12 2024
Leave LawsQ&ATermination & Resignation

Q&A: Follow FMLA procedures for verifying medical certifications

Question: We recently had an employee provide an FMLA medical certification that we believe was falsified. Our company confirmed with the employee’s medical provider that they did not complete the certification and we suspect that our employee forged the documentation. Can we discipline or terminate them for this conduct? Answer: Maybe, but only after complying…

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May 03 2024
DisabilityEmployee BenefitsLeave Laws

EEOC issues regs for Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC) recently issued regulations and interpretive guidance to implement the Pregnant Workers Fairness Act (PWFA), which requires all employers with 15 or more employees to reasonably accommodate workers with known limitations related to pregnancy, childbirth, or related medical conditions. The regulations take effect on June 18, 2024 (89 Fed Reg…

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Apr 05 2024
Labor RelationsLeave LawsWage and Hour

WASHINGTON: Governor signs 2024 bills

The Washington legislature’s regular session adjourned on March 7, 2024, and Governor Jay Inslee has signed several employment-related bills into law: SHB 1905 (pay equity): Expands Washington’s existing pay equity law beyond gender to also include membership in a long list of protected classes: age, sex, marital status, sexual orientation, race, creed, color, national origin,…

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