Tag: leave

Ninth Circuit Approves Employees’ Right to Strategically Decline FMLA Leave In Escriba v. Foster Poultry Farms

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 the typical 12-week limit under the Family and Medical Leave Act (“FMLA”). While the Escriba court’s holding was intended to benefit the employer in … Continue Reading

Eugene, Oregon Poised to Be Next City To Put Itself On Paid Employee Sick Leave Map

Not to be outdone by its neighbors to the north–Portland and Seattle–Eugene, Oregon appears poised to become the next jurisdiction to pass an ordinance requiring employers to provide employees working within city limits with paid sick leave. A coalition of pro-sick leave advocacy groups, including Portland-based Family Forward, first brought the topic before the council in February. A majority of council … Continue Reading

A Not-So Happy New Year for California Employers: 2014 Legislative Update

It has become an annual New Year’s tradition in California — employers getting up to speed on a host of new employment laws that will affect them in the coming year. The California Legislature was busy in 2013 imposing new burdens on employers for 2014 and beyond. We previously blogged about an increase in the state minimum … Continue Reading

Top 25 FAQs Employers May Have About Implementing the New Portland Paid Sick Leave Ordinance in 2014

In March 2013, the Portland City Council passed the new Portland Paid Sick Leave Ordinance requiring all but the smallest employers to provide paid sick leave (“PSL”) for employees who work within city limits. On November 1, the city released final regulations interpreting the Ordinance and fleshing out some of the requirements in more detail. Also, the … Continue Reading

FMLA 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 situations can be handled in a basic and straightforward manner. Unfortunately, others involve an obscure application of a particular law, or … Continue Reading

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 required certification or providing adequate coverage for workers on intermittent leave. All too often employers focus on the leave itself and breathe a sigh of relief when notice … Continue Reading

City of Seattle’s New Paid Sick and Safe Time Law To Take Effect in September 2012

  As most Seattle employers know by now and as we blogged about earlier, beginning September 1, 2012, the City of Seattle will require that all but the smallest employers provide paid sick leave to their Seattle employees. Seattle Paid Sick and Safe Time (PSST) mandates that most employers provide paid leave, which increases depending … Continue Reading

Our Festivus Present to Oregon Employers: Ten Things You Should Know for 2010

Wow, it’s Festivus already, which means that in just a few short days it will be a brand new year!  We have a Festivus present for Oregon employers to help you get ready:  Ten things you need to know for 2010!  (click on each blue hotlink for more information) All Oregon employers are required to post the SB … Continue Reading

Washington Domestic Partnership Law Impacts Employee Benefits and Family Leave

Washington voters recently approved Referendum 71, giving registered domestic partners all of the rights and responsibilities of married couples under Washington state law.   Prior domestic partnership laws gave registered domestic partners limited rights and responsibilities such as hospital visitation, health care decision making, inheritance and community property rights.  The new law includes all of the rights … Continue Reading

Oregon BOLI Files Multiple Proposed Rule Changes

The Oregon Bureau of Labor and Industries has filed several proposed rules pertaining to labor and employment law, and is inviting public comment.  Click on the title of each to read the proposed rule: Religious worship, child support obligors, physical accommodations for eligible disabilities.  The proposed rules would implement statutes: requiring employers to reasonably accommodate … Continue Reading

President Obama Signs Expansion of FMLA Leave for Military Families

Earlier this week, President Obama signed the Fiscal Year 2010 National Defense Authorization Act (NDAA), a federal law that is enacted each fiscal year to specify the budget and expenditures of the United States Department of Defense.  This year, the NDAA contains two expansions of the exigency and caregiver leave provisions for military families under the Family … Continue Reading

Oregon’s BOLI Proposes New Employee Leave Regulations

Last week the Oregon Bureau of Labor and Industries (BOLI) filed with the Secretary of State a Notice of Proposed Rulemaking on new regulations pertaining to certain employee leave laws.  The proposed regulations are intended to reflect some recent amendments to federal Family and Medical Leave Act (FMLA) regulations and to clarify, edit and make … Continue Reading

2009 Oregon Legislative Update

The Oregon Legislature was in session in 2009, and many labor and employment-related bills came up for consideration.  A complete list of the bills that passed and the bills that failed follows below (you may have to click "continue reading."  Several passed and will become law effective January 1, 2010.  Several others didn’t get the support … Continue Reading

Swine Flu May Cause Sick Leave Changes

Judith Warner wrote this interesting editorial in today’s New York Times on how the Swine Flu may force changes in sick leave policies.  Warner concludes by advocating for the Healthy Families Act, which would require employers who employ 15 or more employees to provide up to 7 paid sick days per year.  This flu outbreak … Continue Reading

Oregon BOLI: No Changes to OFLA Regulations (yet…)

As previously reported here at the Stoel Rives World of Employment, new federal Family and Medical Leave Act (FMLA) regulations went into effect on January 16, 2009.  Oregon has its own analog to FMLA, the Oregon Family Leave Act (OFLA), with its own regulations.  FMLA applies to employers with 50 or more employees, while OFLA … Continue Reading

Reminder: New FMLA and Military Leave Regulations Take Effect Today

In case you haven’t heard, new Family and Medical Leave Act (FMLA) regulations take effect today, Friday, January 16. Some highlights of the new regulations include: Regulations covering the recently instituted military family leave laws Expanded FMLA general notification requirements New individual eligibility notification and leave designation requirements New forms for eligibility notification, leave designation, … Continue Reading

DOL Issues Final FMLA Regulations

Today the Department of Labor published its Final Regulations Implementing the Family and Medical Leave Act (FMLA). They go into effect on January 16, 2009 (60 days after publication).  Click here to download the final FMLA regulations.   (Warning!  The document is 762 pages long!  However, much of that is a handy explanation of the changes and the comments the DOL received.) … Continue Reading

California Paid Sick Leave Bill Dies in Committee

A California bill to provide universal paid sick leave died in committee last week, following intensive lobbying efforts from small businesses and their lobbyists.  The bill would have granted employees of small companies in California up to five days of paid sick leave each year, while workers at larger companies could take up to nine … Continue Reading

Oregon: Leave for Olympic Athletes?

Local athletes did remarkably well at the 2008 Track and Field Olympic Trials in Eugene, Oregon, which raises an interesting leave issue.  It’s an obscure law, but Oregon requires employers to give Olympic athletes leave to compete.  Under ORS 659.865, it is an unlawful employment practice for an employer to infringe on an employee’s right … Continue Reading

Ninth Circuit Affirms “Emotional Distress Damages” Caused by Denial of FMLA Leave

Plaintiffs suing their employers under the Family and Medical Leave Act ("FMLA") may recover lost wages, but they may not recover emotional distress damages.  What if an employee misses work because of emotional distress that is caused by a wrongful denial of FMLA leave?  The Ninth Circuit Court of Appeals recently ruled that such damages … Continue Reading
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