Leaves of Absence

California Employer LAWlert: RECAP OF NEW PAID SICK LEAVE LAW: Coming to an employer near you July 1, 2015

Starting July 1, 2015 most employees will be entitled to up to three days of paid sick leave each year.  Here are the details. WHO IS COVERED? Employees who work in California at least 30 days within one year from the commencement of employment are covered.  All private and most public employers are subject to …

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California Employer LAWlert: CA Mandates Paid Sick Leave

The California legislature on Saturday, August 29, passed the Healthy Workplaces, Healthy Families Act of 2014. Below are the pertinent elements of the law that every employer in California must become familiar with.Sick Leave Entitlement/Accrual/UseIt states that an employee who, on or after July 1, 2015, works in California for 30 or more days within …

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Can an Employer Require “Job Readiness” in a Return-to-Work Certification?

At the time an employee’s protected leave is coming to a close, many employers send the individual a “Job Readiness” or “Fitness-for-duty” form.  There are many sound reasons for such a process including: Confirmation of the individual’s condition (rather than relying exclusively on the employee’s own assessment or representation); Preventing employees from abusing medical leave …

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STRATEGIES FOR EMPLOYERS DEALING WITH ADA (FMLA) MATTERS

Survey after survey reveals that the most intimidating and confusing aspect of day-to-day human resources management is dealing with employee disability issues, especially leaves of absence. This area is of even greater concern because according to Helen M. Applewhaite the U.S. Department of Labor, Wage and Hour Division FMLA Branch Chief; employers should expect more onsite …

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How to Handle Employee Disability Situations

In this Holman HR video alert, President and employment attorney, Michael Goldfarb, Esq. walks us through a typical employee situation involving disability claims. You will learn all the vital steps and procedures to follow when dealing with these situations. [youtube http://www.youtube.com/watch?v=VNa9s_phUtE&w=420&h=315] We hope you found this information of value. Please do not hesitate to contact your …

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California Employer LAWlert: FAILURE TO RETURN FROM A LEAVE OF ABSENCE- Don’t Be Quick to Terminate

Although the following case involves a California employer and California’s version of the ADA, this Alert is relevant to companies nationwide who are subject to the ADA and state equivalents. In Sanchez v. Swissport Inc., employee Sanchez, alleged that she was discriminated against in violation of California’s Fair Employment and Housing Act (FEHA).  FEHA is …

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Urgent HR Alert: New York Sick Leave Law Expanded

Taking effect on April 1, 2014, New York City’s Earned Sick Time Act (the “Act”), will require all employers with at least five employees and all employers with at least one domestic worker to provide paid sick time to their employees; all other employees will be entitled to unpaid sick leave without penalty. Employers with …

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OR LAWlert: Oregon Employers Required to Provide Bereavement Leave

by Calvin Keith Oregon will become the first state in the nation to require employers to provide bereavement leave when House Bill 2950 takes effect January 1. The new law allows for bereavement leave under the Oregon Family Leave Act (OFLA). The law applies to any employer with 25 or more employees in Oregon. Any …

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URGENT – January Alert – NEW PDL REQUIREMENTS

New PDL rules went into effect 12-30-12. These changes to California’s Pregnancy Disability Leave Law requires all employers in the state to display new postings and notices. The content of the postings is available at http://www.dfeh.ca.gov/Publications_Publications.htm. Other substantive changes include the requirement that employers must notify an employee in writing of any medical certification requirement …

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