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Labor Dept. draws battle lines in the great FMLA fight

09/01/2007

Chances are your employees are happier with the 14-year-old FMLA than you are.  A new U.S. Labor Department report says employees would like to expand the law to create longer leaves and paid leaves. But employers argue that the law’s vague wording (and employees’ ability to play games with FMLA) create legal and productivity nightmares. Here are the main problems employers have with the FMLA, according to Labor’s report …

26 weeks of vacation keep employees on the job

09/01/2007

Clinical laboratories need almost 24-hour coverage at Salt Lake City-based ARUP Laboratories, so employees work in 10-hour shifts around the clock, seven days a week. They’re hardly complaining: After working seven days straight, employees head home and don’t return for a week …

Will pregnancy become a ‘Super-Protected’ class in Ohio?

09/01/2007

Employees seeking relief from on-the-job discrimination on the basis of their race, sex, age, national origin or religion can typically pursue their claims under federal law, Ohio law (Ohio Revised Code Section 4112.02) or both. In most cases, it doesn’t matter whether the employee sues under state or federal law—the court will apply the same cases and reasoning. The same is not true in pregnancy discrimination cases. That’s because the Ohio Civil Rights Commission interprets pregnancy discrimination quite differently than does its federal counterpart, the EEOC …

Quitting without notice, but getting vacation pay?

09/01/2007

Q. Recently, one of my employees quit without giving notice. I was advised that under New York labor law, I have to pay all earned and unused vacation. Is this true? If so, what can I do to prevent this from happening in the future? …

Shorter vacation for part-Time employee?

09/01/2007

Q. Under New York law, must an employee who works part of the year be paid a prorated vacation? …

Court to decide if changing leave policy violates USERRA

09/01/2007

With the wars in Iraq and Afghanistan showing no signs of abating, more and more employees in the National Guard and Reserve have to spend time away from the workplace. For employers, managing a work force with more than one service member on staff has become something of a logistical nightmare. And some employers are backing away from previously generous efforts to help service members balance military commitments and work …

Providing more leave than required? You can legally cut back

09/01/2007

Some employers offer more than the 12 weeks’ unpaid leave annually that the FMLA grants to eligible employees who need to care for themselves or close family members who have a serious health condition. But that doesn’t mean they have to keep doing so. It’s OK to change your leave policy to the legal minimum and then start disciplining employees who exceed the FMLA allotment …

Don’t use attendance policy to avoid accommodations

09/01/2007

While attendance is an important goal, refusing to allow disabled employees some leeway is a sure way to the courtroom. Before you adopt a strict no-excuses tardiness policy, make sure you consider the special problems disabled employees may have. You can’t just declare that being on time is an essential function of every job and leave it at that …

Can you consider FMLA leave in employee’s review?

09/01/2007

Q. We have an employee who takes a lot of intermittent FMLA leave for medical reasons. We are writing her performance appraisal and need to address topics such as dependability, reliability, etc. Her FMLA leaves are affecting these issues. Does the law regulate whether we can lower her performance review or merit increases based on her FMLA leave? —G.L., Massachusetts …

Must we let workers on FMLA leave use sick leave?

09/01/2007

Q. Our policy states that sick leave is available to employees who are scheduled to work but unable to do so due to illness or injury. It’s not available to employees who are on (FMLA) leaves of absence because—due to the leave—they’re not scheduled to work. In other words, we don’t allow employees on FMLA leave to take paid sick leave. Do we have to? —S.B., Pennsylvania …