Category Archives: FMLA

Rotational Employees Are Not Afforded More FMLA Leave Than Traditional Employees

Good news from the Ninth Circuit Court of Appeals for employers in the maritime industry and other employers who utilize rotational schedules for employees. When calculating FMLA continuous leave, the Department of Labor (DOL) has long applied the definition of “workweek” to mean a week that an employee actually worked or would have worked, had he or she not been on FMLA leave. This resulted in weeks a rotational employee would have been off not being counted in the employee’s … Continue reading

Share Button
Posted in FMLA, Uncategorized | Leave a comment

The EEOC Explains How Blanket Attendance and Leave Policies can Disadvantage Workers with Disabilities

In July 2018, the Equal Employment Opportunity Commission (EEOC) announced a consent decree involving claims of disability discrimination against a metal products manufacturer.  According to the EEOC, this manufacturer violated the law when it: 1) awarded attendance points to employees regardless of the reason for absence, and 2) automatically terminated employees who did not return to work after taking extended leave. Regarding #1, the EEOC explained that this blind points system meant that employees taking leave for ADA or FMLA … Continue reading

Share Button
Posted in ADA, EEOC, FMLA, Handbook Policies, Leave Laws, Reasonable Accommodation, Sick Leave | Tagged , , , , , | Leave a comment

Employer Tax Credit Available for Paid FMLA leave

The tax plan that was signed into law at the end of 2017 creates a new tax credit for employers.  The credit appears in Section 13403 of the Act, and applies to employers who pay employee leave under the Family and Medical Leave Act (“FMLA”).  The credit begins in 2018 and as of now, is set to expire at the end of 2019.  Although possibly short-lived, employers may want to claim the benefit while they can. Employers may obtain a … Continue reading

Share Button
Posted in FMLA, Leave Laws, Paid Leave | Tagged , , , , | Leave a comment

ADA Reasonable Accommodations Seminar – Best Practices for Employers to Avoid Liability
May 5, 2016 · 10:00-11:30 a.m. · Columbia Center, Seattle

Employment law can be complicated, especially regarding the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). To help employers minimize their risk of liability, labor and employment law attorney Selena Smith is partnering with the Association of Washington Business to host a seminar on May 5.  Selena Smith will discuss employers’ legal obligations and rights, as well as best practices for addressing employees’ disabilities. Attendees will learn: Legal Obligations Regarding Reasonable Accommodations Effective Strategies for … Continue reading

Share Button
Posted in ADA, Firm News, FMLA, Reasonable Accommodation, Seattle, Seminar | Tagged , , , , | Leave a comment

FMLA Rules to Expand Definition of Spouse to Include Same-Sex Spouses

The Department of Labor has announced new rules expanding the definition of “spouse” under the Family Medical Leave Act (“FMLA”).  Under the new rules, eligible employees may take FMLA leave to care for a same-sex spouse.  The new rules become effective March 27, 2015. The FMLA applies to employers with at least 50 employees within a 75-mile radius.  To be eligible for FMLA leave, employees must have worked for the company at least 1,250 hours within the previous 12 months.  … Continue reading

Share Button
Posted in FMLA, Leave Laws, Legal Updates | Tagged , , , | Leave a comment