Leaves of Absence

WA UPDATE: Washington State Paid Family Leave Law

DEDUCTIONS EFFECTIVE 1-1-19 BENEFITS EFFECTIVE 1-1-20 All Washington employers must provide paid family and medical leave under a bill signed by Gov. Jay Inslee on July 5. The new law creates an insurance fund that employers and employees both pay into, with a 0.4 percent payroll tax. Payroll deductions will begin on Jan. 1, 2019, …

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Nevada’s Domestic Violence Leave Law: Effective January 1, 2018

Effective January 1, 2018 Nevada’s Senate Bill 361 requires all Nevada private employers to provide leave to eligible employees who are (or whose family or household members who are) victims of domestic violence, sexual assault, or stalking. Summary The new law covers all Nevada private employers. Under the new law, an employee is eligible for …

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Urgent Guardian HR Alert: New U.S. Supreme Court Rulings

The United States Supreme Court has issued a landmark ruling in the case of United States v. Windsor, No. 12-307 (June 26, 2013), and an additional important decision in the matter of Hollingsworth, et al. v. Perry, No. 12-144 (June 26, 2013). THE DECISIONS In Windsor, the United States Supreme Court ruled the Defense of Marriage Act of …

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An FMLA Primer: Notice and Communication Under FMLA

The Family and Medical Leave Act (FMLA) is one of the more difficult laws for employer compliance. The regulations are long and convoluted and filled with traps for employers. The record keeping is a headache. The breadth of coverage creates opportunities for abuse by employees skilled at gaming the attendance system. And now, in a …

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Court Restores Unemployment for Worker Who Didn’t Return From Leave

While this is a Tennessee case, it is highly advisable to check your local state requirements as they likely are very similar. Under Tennessee law, a former employee isn’t eligible for unemployment benefits if she left her most recent job voluntarily without good cause connected to her work. However, the law creates an exception to that …

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Pre-existing Conditions: You Must Take Employees as You Find Them

Thought this case was from the Sixth Appellate District Court (Ohio and surrounding areas), courts in most jurisdictions are likely to hold the same.  The Six Appellate District Court recently reaffirmed this standard when it ruled that an employee is not denied a compensable claim merely because her physical fitness at the time of the …

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New Jersey Employer LAWlert: Paid Sick Leave Policies Continue to be Adopted

The city of Elizabeth recently became the 10th New Jersey municipality to enact a paid sick leave law. The list of New Jersey cities with such a law includes Bloomfield, East Orange, Irvington, Jersey City, Montclair, Newark, Passaic, Paterson, and Trenton. Elizabeth’s law, which becomes effective on March 2, 2016, largely mirrors the laws that …

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California Employer LAWlert: Governor Signs More New Employment Bills into Law

Governor Edmund G. Brown recently signed several new employment bills into law for California Employers.  PAGA amended California’s Private Attorney General Act (PAGA) authorizes an employee to file a civil action to recover specified civil penalties that otherwise would be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee …

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Form of the Week: Leave Sharing Donation Policy

Policy Statement [Company Name] recognizes that employees may have a family emergency or a personal crisis that causes a severe impact to them resulting in a need for additional time off in excess of their available sick/personal time. To address this need all eligible employees will be allowed to donate sick/personal time from their unused …

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Not Allowing Employee to Clarify Vague Medical Certification May be FMLA Interference

The U.S. Court of Appeals for the 3rd Circuit recently found that an employer can be liable for interference with an employee’s Family and Medical Leave Act (FMLA) rights when it denies leave on the basis of a vague medical certification without first providing notice and a seven-day period to cure (resolve) the deficiency. Facts …

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