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Carefully consider FMLA request to prevent double damages

02/01/2008

The FMLA has a built-in penalty for intentionally interfering with the law. Courts can double the damages when they believe an employer acted to circumvent the FMLA. Acting in good faith is the key. Even if a court finds in favor of an employee’s FMLA complaint, you may be able to avoid paying double if you can show you carefully considered whether the employee was eligible for FMLA leave …

Setting sound vacation policies requires understanding NC law

02/01/2008

Employers and employees alike often misunderstand North Carolina’s legal requirements concerning vacation benefits. Those misunderstandings often can become emotional and heated. The best way to avoid such disputes is to publish a clear vacation benefits policy based on a solid understanding of North Carolina law …

Refusing to return from leave

02/01/2008

Q. A worker who was injured on the job but now is better is refusing to return from leave. What can we do? …

Limits on workers’ comp leave?

02/01/2008

Q. Is there any limitation on how long workers’ compensation leave may go on? …

Set crystal-Clear rules governing employee absences

02/01/2008

Employers are free to set reasonable no-call/no-show rules for all absences, including those that qualify for FMLA time off.  On the other hand, if you discharge someone for failing to follow a rule that doesn’t spell out exactly how you expect employees to call in, don’t be surprised if you end up embroiled in a long, time-consuming and expensive legal battle …

OK to place employee on paid leave pending investigation

02/01/2008

Ever since the U.S. Supreme Court’s landmark Burlington Northern retaliation decision in 2006, employers have been struggling with exactly what to do while investigating wrongdoings. One vexing issue has been whether it could be retaliation to place an employee on paid administrative leave pending an investigation …

To pay or not to pay when inclement weather closes the office

02/01/2008

Q. During a recent patch of inclement weather, our company president determined that the roads were too unsafe to ask our employees to come in to work. We notified our employees that they would not be needed that day, and that they were welcome to use a vacation day if they wanted to be paid. (Normally, our policy requires 48 hours’ notice if employees want to take a vacation day.) Some of our employees do not have any accumulated vacation time. Must we offer to pay them? …

Scheduling summer vacations in the most fair and efficient way

02/01/2008

A reader of the Forum section of HR Specialist posed this question: “We’re going to be incredibly busy this summer. What’s the best way to schedule vacations without employees complaining?” Here’s how some HR professionals replied …

Colorado’s Leave Laws

02/01/2008
All Colorado employers, both public and private, must provide limited paid leave to workers called for jury duty and must allow time off for workers to vote. Additionally, state employees are entitled to family and medical leave as well as paid leave for organ donation and disaster services work …

Minnesota Leave Laws

02/01/2008
Minnesota employees have enhanced parental leave options beyond what the federal FMLA provides. Additionally, all Minnesota employers must provide paid time off to allow workers to vote and unpaid leave for jury duty …