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Ohio poised to mandate generous family leave

10/01/2007

The Ohio Civil Rights Commission has proposed a new statewide policy to guarantee 12 weeks’ maternity leave to mothers working for companies with as few as four employees, with no minimum length of service. The law would replace Ohio’s existing law, which requires companies to give a “reasonable period of time off,” a standard which has been confusing …

FMLA intermittent leave and hours worked

10/01/2007

Q. We have an employee with a chronic health condition who began taking FMLA intermittent leave in February. She had worked more than 1,250 hours in the 12 months before the leave started. By June, she had dropped below 1,250 hours. Does she lose her eligibility now? …

Minor sleep problems don’t a disability make

10/01/2007

Does your office look like the set for the latest sleep-medication commercial? You know, the one where employees drag themselves to work while their dreams come to visit them. These days it seems almost everyone is a bit sleep deprived. But don’t let bleary-eyed employees make excuses for tardiness. The fact  is, while insomnia can be a disability under the ADA, very few cases are severe enough to qualify as a disability.

Understanding how Illinois leave laws overlap with FMLA

10/01/2007

Illinois employers must comply with numerous state leave laws, in addition to the federal FMLA. To track leave usage, employers must understand which state leave laws overlap with the FMLA …

Tough attendance policy? Careful when calling ‘Strike three’

10/01/2007

To combat absenteeism, many organizations use a progressive discipline approach. These plans feature escalating penalties plus a no-excuses approach to the final violation. Some plans call for automatic termination when an employee hits a specific number of days absent or times tardy. That’s fine. Those measures may decrease late arrivals and cut down on unexcused absences. But if a termination is about occur, HR must be sure the last incident is beyond question …

Make sure employees know your policies on moonlighting

10/01/2007

Do your employees ever take time off (whether vacation, personal time or even FMLA leave) to work a second job? You can’t do much about that unless you have a solid policy that prohibits moonlighting. Otherwise, employees on leave are free to spend that time any way they want, even working for someone else or in their own business …

Pregnancy: Run disability leave concurrent with FMLA?

10/01/2007

Q. We provide short-term disability leave to new mothers. Is there any reason we can’t run that leave concurrent with FMLA leave? —S.B., Washington …

Can you force a worker to get FMLA certification?

10/01/2007

Q. We want to run paid time off concurrent with FMLA leave so employees don’t receive more than 12 weeks off (paid and unpaid combined). What if an employee says she’s taking vacation time, but we know it’s for medical tests? Can we force her to get a medical certification so we can subtract the paid vacation time? —L.L., Georgia …

Callous treatment may cost you punitive damages

10/01/2007

Under the California Fair Employment and Housing Act, employers that don’t reasonably accommodate disabilities may be liable for both actual and punitive damages. And those punitive damages can add up, frequently exceeding the amount of actual damages. Train all managers and supervisors on the consequences of being perceived as intentionally ignoring the law …

Do holidays count when calculating FMLA or CFRA leave?

10/01/2007

Q. When determining the amount of leave an employee has used, do holidays count against the 12-week entitlement under the FMLA or the California Family Rights Act (CFRA)? …