Recordkeeping: The Often Overlooked Element of FMLA Compliance
Most employers grapple with the better-known aspects of the Family and Medical Leave Act (FMLA), such as determining whether an employee’s illness constitutes a serious medical condition, obtaining...
View ArticleNow in Effect: New FMLA Poster and I-9 Form!
As a friendly reminder, employers must update two key employment forms this month. As of March 8th, employers must begin using the most recent FMLA poster issued by the Department of Labor. The...
View ArticleU.S. Supreme Court’s Decisions on DOMA Extend FMLA Definition of “Spouse” To...
As almost everyone knows, the U.S. Supreme Court issued two blockbuster decisions on gay marriage, U.S. v. Windsor, which struck down the Defense of Marriage Act’s ("DOMA") definition of marriage for...
View ArticleFMLA Leave or ADA Accommodation (Or Both)? Overview of Beyond the Basics
After more than 20 years under the ADA and FMLA, and 18 years since the passage of the Oregon Family Leave Act (“OFLA”), most employers are familiar with the basics of these laws. Many employee leave...
View ArticleCourt Rules That Telecommuting May Be a Reasonable Accommodation Under the ADA
The Sixth Circuit recently held in EEOC v. Ford Motor Co. that regular attendance may not mean physical presence in the workplace, and that telecommuting may be a reasonable accommodation for some...
View ArticleNinth Circuit Approves Employees’ Right to Strategically Decline FMLA Leave...
Under the Ninth Circuit’s recent holding in Escriba v. Foster Poultry Farms, Inc., 743 F.3d 1236 (9th Cir. 2014), many employees now have greater flexibility to extend family and medical leave beyond...
View ArticleWashington State to Consider Paid Family Leave
Last week, representatives of the business community and employee groups completed negotiations to create a paid family and medical leave insurance program in Washington. Many details need to be worked...
View ArticleBenefits Kick in for Washington Employees Under the New Paid Family and...
Beginning January 1, 2020, Washington employees will have access to the benefits of Washington’s Paid Family and Medical Leave (“WPFML”) law, administered by the Washington Employment Security...
View ArticleWashington’s New Leave Laws and the COVID-19 Outbreak
No sooner has Washington enacted two major new leave laws – the Washington Paid Sick Leave Law and the Washington Paid Family and Medical Leave Law (WPFML) – than the State has found itself to be one...
View ArticleEmployees May Now Bring Direct Claims Against Employers for Alleged...
Amendments to the Washington Paid Family and Medical Leave Act (“WPFMLA”) that went into effect June 11, 2020 include a new private right of action for employees. Under the WPFMLA, employers are...
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