• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Leave

Pay for workers’ comp evaluation?

06/11/2008
Q. We have an employee who has filed a workers’ compensation claim. Our attorneys have asked the employee to go to our insurance company’s doctor for an evaluation. This will keep the employee away from work the whole day. Do we have to pay the employee for going to the doctor, or may we classify it as a personal day? …

Ask managers to set a good example … by going on vacation

06/06/2008
Your organization’s employees no doubt believe they’re entitled to take all the vacation days they earn. So why do they leave so many on the table? A new survey from travel site Expedia says 92% of employees embrace their rights to take their vacations, yet one of every three is “vacation deprived” …

Backup care: It’s not just for kids anymore

06/06/2008

Unscheduled absences can throw production into a tailspin. Often, those absences occur when an employee’s child care arrangements fall through. But increasingly, workers also must stay home to care for spouses or parents who need help after surgery or because a regular caregiver is unavailable …

Make sure handbook spells out maternity leave terms

06/04/2008

Is your employee handbook clear on exactly what constitutes maternity leave and how long it lasts? If you plan to permit just the 12 weeks allowed for pregnancy and childbirth under the FMLA, spell that out. Don’t refer to maternity leave separately and then provide a different week or month count …

Switched at birth: DCS women will get almost $1 million

06/04/2008
The New York State Department of Correctional Services (DCS) will pay $972,000 to 23 female DCS employees who were shortchanged by the department’s maternity leave policy when they became pregnant while on workers’ compensation leave …

You fired worker on FMLA leave? Better have a good reason

06/03/2008
Employers can’t manipulate the FMLA to terminate employees for taking FMLA leave by trumping up charges. As the following case shows, courts grow very suspicious when employers come up with reasons to fire employees who are on FMLA leave. And they often send such cases to trial, leaving employers at the mercy of juries …

Now hear this: You’ll pay for firing worker out on health leave

06/03/2008
Colorado Sports and Spine Centers has just agreed to pay $137,500 to settle a discrimination lawsuit brought by the EEOC on behalf of former employee Kristina Siebert. The CSSC fired Siebert after she took time off to be fitted for hearing aids …

Fire away … but be prepared to defend terminations

06/03/2008
Employment terminations fall into several categories. Whether the situation involves new hires who didn’t work out, firings for cause or performance issues, or voluntary resignations, terminations often lead to litigation. For each type of termination, there are some common ways employers can make sure they can defend themselves if challenged …

Branch offices and FMLA leave

06/03/2008
Q. Our company has about 75 employees scattered throughout 10 offices in the state, with a maximum of 10 in any one office. One of our employees has requested FMLA leave for a serious health condition. Do we have to provide it? …

Be sure to coordinate with FMLA administrator before firing

05/30/2008
If you outsource to another company to administer your FMLA process, work closely with it to ensure you aren’t firing an employee who has been approved for FMLA leave. Instead, make it standard practice to double-check FMLA status before taking any employment action …