labor lawAdivision of labor law center

An important provision of the new FMLA regulations permits employees to substitute paid leave for unpaid FMLA. This is a major departure from the previous regulations, which permitted an employer to prohibit the use of paid vacation by employees on FMLA.

According to the U.S. Department of Labor, an employee can substitute paid leave benefits for unpaid FMLA, as long as the employee follows the employer’s terms and conditions regarding those benefits. (However, the terms and conditions should be previous established, preferably in writing, and must be non-discriminatory.) The employer has a responsibility to inform employees of the terms and conditions of the paid leave policy or policies.

For example, a company may have a policy that paid vacation must be requested in writing at least 4 weeks in advance. When Jennifer goes into labor on January 15, she can immediately take FMLA. However, she will need to comply with the (more…)

On January 1, 2009 the Oregon minimum wage will increase from $7.95 to $8.40 per hour. The increase of 45 cents is the largest in recent memory, spurred by high inflation in the past year.

State Labor Commissioner Brad Avakian announced the new rate on September 16, 2008.

The increase is based on the 5.37% increase in (more…)