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New FMLA regulations clarify definitions, improve certification rules

03/01/2008

The U.S. Labor Department has published proposed FMLA regulations, which may change the way employers handle FMLA leave. The dual-purpose proposal includes changes to certain existing FMLA regulations and new military family leave entitlements …

FMLA, Workers’ Comp, ADA

02/11/2008

HR Law 101: One of the toughest problems for employers is figuring out which law applies to a particular condition: the FMLA, workers’ comp or the ADA. The relationship between the FMLA and other federal and state statutes is clear: The law that provides the greatest benefits to the employee applies …

No need to reinstate if disability leave extends past FMLA

02/01/2008

After using up their available 12 weeks’ unpaid FMLA leave, many new mothers request additional time off. If you agree to additional time off to be covered by a short-term disability policy, check to see if that policy includes job protection. If it doesn’t, you don’t have to hold her job or even reinstate her. Don’t, however, start the search for her replacement while the employee is still on FMLA leave …

Message to sick employees: We want you to stay home!

02/01/2008

More than half of employees admit they show up for work when they’re sick, according to a CCH Unscheduled Absence Survey. Here are a few simple ways to help your organization reverse the trend of "presenteeism" so employees can recuperate from the flu or other illnesses and return to work focused and productive …

Maternity leave war leads to CRC head’s resignation

02/01/2008

Barbara Sykes said it was “political back and forth” that led her to resign her post as appointed head of Ohio’s Civil Rights Commission (CRC) just before her confirmation hearing. Sykes locked horns with Gov. Ted Strickland over the commission’s proposal to expand Ohio’s maternity leave requirements …

Changes to Ohio’s pregnancy discrimination rules now in question

02/01/2008

In the fall of 2007, the Ohio Civil Rights Commission’s proposed revisions to the rules governing pregnancy discrimination became a hot political topic. Due to some unusual political wrangling, the future of the proposed rule revision is very much in question …

To pay or not to pay for snow days

02/01/2008

Q. Am I required to pay my employees when they miss work due to inclement weather? …

‘Ad hoc’ leave benefits are a discrimination trap

02/01/2008

Sometimes, employers may want to maintain some flexibility to handle unique leave situations. For example, what would your organization do if a valued, loyal and long-term employee developed a terminal disease? Would you allow him a “leave of absence” with continued insurance coverage until his death to save his family from financial ruin? You can, if you are careful about exactly how you go about it …

Does destination of FMLA leave matter?

02/01/2008

Q. We are an Illinois-based company and have an employee whose mother is very sick with cancer and in need of medical care at home. The employee is entitled to FMLA leave. The issue is that the mother lives in Hawaii and he has asked for leave starting next month. I don’t mean to be “cold,” but it sounds like a vacation from our bitter winter. Must we grant the leave for him to go to Hawaii? …

How can we help an employee who is receiving harassing phone calls?

02/01/2008

Q. We have an employee who comes to work and performs very well. Over the past several months I have come to learn that she is constantly receiving harassing calls and threats from her husband. We feel helpless and want to do something but we don’t offer employee assistance programs. What are our options? …