Leaves of Absence

Monthly Compliance Calendar | April 2025 | Time Off and Disability Leave

If you are in HR, you’re no stranger to compliance management, forms, and deadlines—though keeping them all in order may be a different story. We want to be sure you are equipped with the right information to keep everything on track throughout the year, from ACA to FLSA. That is why we put together the …

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California – Mini Update to Workplace Laws

Paid Family Leave Grant Available to Small Businesses Small Business Grant Money for Paid Family Leave As of June 2024, California businesses with between 1 and 100 employees may qualify to receive grants of up to $2,000 for each employee who is off work for a reason covered by California’s Paid Family Leave (“PFL”) program. …

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HR Form of the Week: FMLA Checklist for Individual Leave Request

Each week, we will feature a different document from our forms library and provide information about where to find it, what it’s used for, and any necessary instructions. With this program, you’ll always be one step ahead of the game when it comes to finding the forms you need. For clients with access to the …

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Monthly Compliance Calendar Alert – Keep Your Company Compliant in April: Time-Off from Work and Disability Laws

If you are in HR, you’re no stranger to compliance management, forms, and deadlines—though keeping them all in order may be a different story. We want to be sure you are equipped with the right information to keep everything on track throughout the year, from ACA to FLSA. That is why we put together the …

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Individual Supervisor Liability Under FMLA

In the case of Edelman vs. Source Healthcare Analytics, LLC., the employee alleged that the HR director could be personally liable because she administered both the employer’s leave policies and the plaintiff’s individual leave. The court refused to dismiss a Family and Medical Leave Act (FMLA) suit filed against an HR Director, holding that the Director could …

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Colorado Sick Leave For Employees

On the effective date of the act through December 31, 2020, all employers in the state, regardless of size, are required to provide each of their employees paid sick leave for reasons related to the COVID-19 pandemic in the amounts and for the purposes specified in the federal “Emergency Paid Sick Leave Act” in the …

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Employee Garnishments and Changes Due to Covid-19

[et_pb_section bb_built=”1″][et_pb_row][et_pb_column type=”4_4″][et_pb_text] Three Steps to Avoid Default Judgments Whether in-person or remotely, employers may want to have their garnishment teams consider three steps right now that may defeat aggressive collections lawyers who seek to obtain a default judgment. First, while some garnishments may slow to a trickle or stop altogether, it may be prudent …

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Monthly Compliance Calendar Alert – Keep Your Company Compliant in June: Hours, Classifications, and Payment of Wages

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URGENT: Guardian HR’s Simple Guide to Determine if your Business is Ready to Open

Guardian HR recommends you follow these steps to analyze whether or not your company is prepared to open during the COVID-19 pandemic. Besides continuing to follow the recommendations issued by state and local health departments when determining the most appropriate actions to take, you should pay particular attention to the five steps listed below: Consider …

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URGENT: COVID-19 Return to Work Checklist Supplement

This alert is a supplement designed to be a part of our previous COVID-19 Return to Work Checklist LAWlert: The health and economic conditions created by the COVID-19 crisis have caused unprecedented disruption in the workforce. Now, as some employers begin to bring employees back to work, they are faced with a new set of challenges. …

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URGENT: Agency Guidance – IRS Notices Announce Increased Flexibility for Certain Plans

Issue Date: May 13, 2020 Our partners at Benefit Comply has put together some crucial information on the IRS’s national response to the 2019 Coronavirus outbreak. The first notice increases “flexibility with respect to mid-year elections under a §125 cafeteria plan during the calendar year 2020 related to employer-sponsored health coverage, health Flexible Spending Arrangements …

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URGENT CA: Comparison COVID-19 Paid Leave

[et_pb_section][et_pb_row][et_pb_column type=”4_4″][et_pb_text] In the face of the COVID-19, Guardian HR wants to keep employers aware of available California leave benefits. What employees are entitled to may be confusing. Below you will find an overview of the different types of CA paid leave and our comparison guidance sheet to determine which paid leave best works for …

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URGENT CA: COVID-19 Worker’s Compensation

Governor Gavin Newsom signed an executive order (EO) creating a rebuttable presumption of worker’s compensation coverage for employees who were directed to work outside the home from March 17 until approximately July 5 and have tested positive for COVID-19. Specifically, the order: Applies to any employee who reported to work outside of the home at the direction …

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URGENT: EEOC Won’t Collect Employer EEO-1 Data in 2020 Due to Coronavirus

The Equal Employment Opportunity Commission (EEOC) announced on May 7 that it will delay until March 2021 collection of EEO-1 Component 1 information—which asks for the number of employees who work for a covered business sorted by job category, race, ethnicity and gender. “The EEOC recognizes the impact that the current public health emergency is …

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Monthly Compliance Calendar Alert – Keep Your Company Compliant in May: Hiring, and Returning to Work

If you’re in HR, you’re no stranger to compliance management, forms, and deadlines—though keeping them all in order may be a different story. We want to be sure you’re equipped with the right information to keep everything on track year after year, from ACA to FLSA. That’s why we put together the HR compliance calendar …

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URGENT: Mandatory COVID-19 Poster

As part of the Family First Coronavirus Recovery Act (FFCRA), employees at small businesses may be entitled to a number of new benefits for sick and family leave. To make sure employees understand their options, employers are required to post notice of the requirements. The Department of Labor requires all employers with less than 500 …

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URGENT: EEOC Issued New Guidance

Effective, April 23, 2020, the EEOC issued new guidance to employers that permits mandatory testing of employees for the presence of the COVID-19 virus prior to entering the workplace. The EEOC issued the guidance on its FAQ, What You Should Know About COVID-19 ant the ADA, the Rehabilitation Act, and Other EEO Laws. In question …

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URGENT: COVID-19 Return to Work Checklist

This guidance is intended for planning purposes. Employers and workers should use this planning guidance to help minimize risk levels in workplace settings and to determine any appropriate control measures to implement. Posting and Policies Post the Families First Coronavirus Response Act (FFCRA) poster in a visible place. Where employees will remain working from home, …

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URGENT: San Francisco Public Health Emergency Leave (PHEL)

Companies with 500 or more employees worldwide, with a presence in San Francisco, must provide 80 hours of PHEL to full-time employees and the average number of hours worked over a two-week period for part-time employees (average over the last 6 months ending 2/25). Sick Leave is available for immediate use and may be taken …

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Washington State Employers Beware, Obesity Can be a Disability

It is illegal to refuse to hire qualified potential employees because the employer perceives them to be obese, the Washington Supreme Court has ruled. After a federal court in Seattle dismissed the case, the 9th Circuit Court of Appeals had asked Washington’s highest court to resolve the issue because it involved a matter of state …

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Pittsburgh & San Antonio Paid Sick Leave Law Delayed

Pittsburgh’s Paid Sick Leave Law Upheld The Pennsylvania Supreme Court has upheld a Pittsburgh ordinance that requires private sector employers to provide paid sick leave for any workers employed within the city. The court overturned two lower court rulings against the ordinance, holding that the city has the authority to require paid sick leave for …

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URGENT TX: Dallas Ordinance Requires Employers to Provide Paid Sick Leave to Employees

The City of Dallas recently passed an ordinance requiring employers to provide paid sick leave to workers. Starting August 1, 2019, employers with more than five employees who perform at least 80 hours of work in a year in Dallas should be prepared to comply with the new ordinance. Last month, the City of Dallas joined …

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WA UPDATE: Washington State Paid Family Leave Law

DEDUCTIONS EFFECTIVE 1-1-19 BENEFITS EFFECTIVE 1-1-20 All Washington employers must provide paid family and medical leave under a bill signed by Gov. Jay Inslee on July 5. The new law creates an insurance fund that employers and employees both pay into, with a 0.4 percent payroll tax. Payroll deductions will begin on Jan. 1, 2019, …

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Nevada’s Domestic Violence Leave Law: Effective January 1, 2018

Effective January 1, 2018 Nevada’s Senate Bill 361 requires all Nevada private employers to provide leave to eligible employees who are (or whose family or household members who are) victims of domestic violence, sexual assault, or stalking. Summary The new law covers all Nevada private employers. Under the new law, an employee is eligible for …

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Urgent Guardian HR Alert: New U.S. Supreme Court Rulings

The United States Supreme Court has issued a landmark ruling in the case of United States v. Windsor, No. 12-307 (June 26, 2013), and an additional important decision in the matter of Hollingsworth, et al. v. Perry, No. 12-144 (June 26, 2013). THE DECISIONS In Windsor, the United States Supreme Court ruled the Defense of Marriage Act of …

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An FMLA Primer: Notice and Communication Under FMLA

The Family and Medical Leave Act (FMLA) is one of the more difficult laws for employer compliance. The regulations are long and convoluted and filled with traps for employers. The record keeping is a headache. The breadth of coverage creates opportunities for abuse by employees skilled at gaming the attendance system. And now, in a …

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Court Restores Unemployment for Worker Who Didn’t Return From Leave

While this is a Tennessee case, it is highly advisable to check your local state requirements as they likely are very similar. Under Tennessee law, a former employee isn’t eligible for unemployment benefits if she left her most recent job voluntarily without good cause connected to her work. However, the law creates an exception to that …

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Pre-existing Conditions: You Must Take Employees as You Find Them

Thought this case was from the Sixth Appellate District Court (Ohio and surrounding areas), courts in most jurisdictions are likely to hold the same.  The Six Appellate District Court recently reaffirmed this standard when it ruled that an employee is not denied a compensable claim merely because her physical fitness at the time of the …

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New Jersey Employer LAWlert: Paid Sick Leave Policies Continue to be Adopted

The city of Elizabeth recently became the 10th New Jersey municipality to enact a paid sick leave law. The list of New Jersey cities with such a law includes Bloomfield, East Orange, Irvington, Jersey City, Montclair, Newark, Passaic, Paterson, and Trenton. Elizabeth’s law, which becomes effective on March 2, 2016, largely mirrors the laws that …

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California Employer LAWlert: Governor Signs More New Employment Bills into Law

Governor Edmund G. Brown recently signed several new employment bills into law for California Employers.  PAGA amended California’s Private Attorney General Act (PAGA) authorizes an employee to file a civil action to recover specified civil penalties that otherwise would be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee …

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