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Getting started on FMLA leave processes

12/01/2007

Q. I have an employee who is scheduled for surgery and will be going on FMLA leave. What forms will I need? There is a possibility that he will not return after the 12 weeks. How long will we be required to hold his position for him? …

Salaried employees running out of leave

12/01/2007

Q. If a salaried employee has used up all vacation and sick time, yet wants to take more vacation or calls in sick, can we make deductions from his pay? If not, what can we do? We don’t want the employees getting out of hand …

‘Unusual’ behavior may signal need for FMLA leave

12/01/2007

Employees who can’t tell their employers they have serious health conditions may still put their employers on notice—and trigger their FMLA rights. “Unusual” behavior alone can be enough to notify a reasonable employer that an employee may have a serious health condition. That unusual behavior can include shouting at a supervisor, a panic reaction or other sudden emotional outbursts …

Execs sue Jays Foods’ parent company following bankruptcy

12/01/2007

Two former top executives have filed suit against Ubiquity Brands, the parent company of Jays Foods, over severance pay and unused vacation time that went unpaid when the company filed for bankruptcy in October …

How to successfully manage FMLA intermittent leave

12/01/2007

The U.S. Labor Department, the agency that administers the Family and Medical Leave Act, recently collected 15,000 public comments on the law’s effectiveness. A top employer complaint: productivity problems caused by employee use (and abuse) of intermittent leave. Managing intermittent leave can be vexing, but the law does give employers some tools to combat FMLA leave abuse …

Can we dock pay if worker exceeds sick-Leave limit?

12/01/2007

Q. A salaried employee used all his vacation and sick time. He’s allowed 21 days and so far has used 22 this year. He wants to take more vacation in December and is always sick (so he’ll probably be out more). Can I deduct his pay if he’s out more? Or can I take days from next year? — R.E., Pennsylvania …

Handling HR issues in wake of the Southern California wildfires

12/01/2007

Now that the smoke has begun to clear after record wildfires swept through Southern California, employers face some smoldering pay and leave questions. What if the fires forced you to close your workplace? Do you have to pay employees who were ready and able to work? When must your organization pay employees who were forced to leave their homes? …

Salary deduction for part-Week absence doesn’t always destroy exemption

12/01/2007

Without a doubt, complying with California and federal wage-and-hour rules is difficult. For example, making deductions from the regular salary of exempt employees who are absent can destroy their exemptions and mean back pay for overtime. Thankfully, there is a safe harbor …

Military spouse on leave? Employee has leave rights, too

12/01/2007

Gov. Arnold Schwarzenegger recently signed California’s new law allowing military spouses to take leave. The law requires some employers to provide up to 10 days of unpaid leave to the spouse of a qualified member of the U.S. armed forces, National Guard or reserves. Here are employer guidelines on exactly how to administer this new entitlement …

Putting a cap on vacation time accrual

12/01/2007

Q. Our company’s vacation policy provides that once an employee earns 240 hours (or 30 days) of vacation, no additional vacation may be accrued until the balance falls below that level. Is this legal? …