- 701 Fifth Avenue, Suite 4040
Seattle, WA 98104
P : 206-447-0182
F : 206-622-9927
email: info@davisgrimmpayne.com
Category Archives: Leave Laws
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
Posted in ADA, EEOC, FMLA, Handbook Policies, Leave Laws, Reasonable Accommodation, Sick Leave
Tagged ADA, Attendance, EEOC, FMLA, Handbook policies, Leave Policies
Leave a comment
Final Administrative Rules for Seattle Paid Sick and Safe Time Ordinance and a Change Regarding “Normal Hourly Compensation”
This month, the Seattle Office of Labor Standards announced its final revisions to the administrative rules for Seattle’s Paid Sick and Safe Time (“PSST”) ordinance. The rules become effective July 1, 2018. Seattle’s Paid Sick and Safe Time Ordinance requires employers operating in Seattle to provide all employees with paid leave to care for themselves or a family member with a physical or mental health condition, medical appointment, or a critical safety issue, among other reasons. The final administrative rules … Continue reading
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
Posted in FMLA, Leave Laws, Paid Leave
Tagged FMLA, Leave Laws, Paid Leave, Tax Benefit, Tax Plan
Leave a comment
Proposed Changes to Seattle’s Paid Sick and Safe Time and Secure Scheduling Include Eliminating Union Waiver
Last week, the Seattle Office of Labor Standards announced proposed changes to Seattle Paid Sick and Safe Time and Secure Scheduling. These changes intend to incorporate the more generous provisions from Initiative 1433, the Washington Paid Sick Leave law, into Seattle’s laws. A couple of notable proposed changes to Seattle’s law include shortening the waiting period for employee eligibility to use paid sick time from 180 to 90 calendar days following the commencement of employment. Additionally, whereas a waiver is … Continue reading
Posted in Labor, Leave Laws, Safe Time, Seattle, Secure Scheduling, Sick Leave
Tagged confidentiality agreements, paid sick leave, Paid Sick Time, Seattle
Leave a comment
New Year, New Paid Sick Leave Law
Washington’s new paid sick leave law goes into effect on January 1, 2018. The new law contains many changes to existing law, including paid sick leave at a minimum of one hour per every forty hours worked, required carryover of up to forty hours of sick leave, and paid sick leave for part-time and seasonal workers. Employers should be prepared to implement any required changes to their employment policies to comply with the January 1 deadline. In addition to the text of the paid sick leave … Continue reading
Posted in Leave Laws, Sick Leave, Wage and Hour
Leave a comment
SOCIAL ANXIETY DISORDER AND ADA DISABILITY
The United States Court of Appeals for the Fourth Circuit ruled on March 12, 2015 that social anxiety disorder may be a recognized disability under the Americans with Disability Act (ADA). The case is titled: Jacobs v. N.C. Administrative Office of the Courts. Previously, the ADA definition of disability had been construed more narrowly by the courts. However, where the alleged unlawful acts occurred after January 1, 2009, the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”) applies. Under … Continue reading
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
Posted in FMLA, Leave Laws, Legal Updates
Tagged Department of Labor, FMLA, Leave Laws, Same-Sex Spouse
Leave a comment
TACOMA JOINS SEATTLE WITH ITS OWN PAID SICK LEAVE ORDINANCE
The City of Tacoma has now joined the paid leave party, started by San Francisco, Seattle and Portland. On January 27, 2015, the Tacoma City Council passed an ordinance regulating paid leave requirements. The law takes effect on February 1, 2016. Unlike Seattle and Portland, the new law does not differentiate between the businesses size. All employers – no matter the size – are required to provide paid sick leave as detailed by the ordinance and the impending administrative rules. … Continue reading
Posted in Leave Laws, Tacoma
Tagged Leave Laws, paid sick leave, Tacoma Paid Sick Leave
Leave a comment
Employers Beware: Your No-Fault, Points-Based Attendance Policies May Violate the Law
Under “no-fault” attendance policies, employees accumulate a set number of “points” per absence — regardless of the reason for the absence. After an employee accumulates a pre-designated number of points, the employee is usually subjected to increasing levels of discipline ending with termination. Understandably, these policies are often used by companies that cannot expend time or resources to determine the reason(s) for each absence. While the policies may seem fair and make sense from a business standpoint, they also create … Continue reading
Posted in Leave Laws, Legal Updates
Tagged ADA, Attendance, EEOC, FMLA, Leave Laws, WLAD
Leave a comment
Employers in Washington and Oregon Should be Aware of Paid Sick / Safe Time Requirements in Seattle and Portland
Two years ago the City of Seattle passed a new ordinance regulating paid sick and safe leave to employees. Portland has recently followed suit. As a result, if Employers have employees who perform work in Seattle or Portland – even on an occasional basis – they may be required to pay sick or safe time in accordance with those city ordinances. Seattle Paid Sick / Safe Time Under Seattle’s regulations, employers are required to provide paid sick/safe time (“PSST”) if … Continue reading
Posted in Leave Laws, Legal Updates
Tagged Leave Laws, Paid Sick Time, Portland, Seattle
Leave a comment