Tag Archives: Leave Laws

New DOL Guidance on the FFCRA

Posted on March 25, 2020, by Josh Brittingham On March 24, 2020, the U.S. Department of Labor (“DOL”), Wage and Hour Division, announced its first official set of guidance about the paid-leave provisions in the federal Families First Coronavirus Response Act (“FFCRA”), enacted on March 18. New implementing regulations for the FFCRA are forthcoming. DOL issued a fact sheet for employees, a fact sheet for employers, and a Q&A document. These materials clarify the DOL’s position on FFCRA’s requirements and protections, which are discussed here. For convenience, … Continue reading

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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

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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

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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

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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

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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

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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

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