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Urge Senior Managers to ‘Detach’

10/01/2006

Nearly two-thirds of senior executives admit they can’t stop thinking about work even while they’re on vacation, according to a survey from NFI Research. The study’s advice: Encourage the top brass to take a real break to recharge their batteries …

Design your bonus program with the FMLA in mind

10/01/2006

Pennsylvania employers can look to a recent 3rd Circuit Court decision to keep their bonus plans in compliance with the FMLA. The case is the first of its kind in the country and provides employers with guidance beyond that found in the FMLA’s regulations. The decision is now law in Pennsylvania, Delaware, New Jersey and the Virgin Islands …

Recertification request won’t guarantee FMLA extension

10/01/2006

By law, employees can take up to 12 weeks of FMLA leave each year. Your organization can, if it chooses, grant an extension …

You can alter job description for worker on FMLA leave

10/01/2006

When employees return from FMLA leave, you’re required to restore them to the same position or a comparable one. That requirement might make you hesitant to make any changes to employees’ jobs or conditions of employment while they’re out on FMLA leave. However, a new court ruling shows that you can make minimal changes to a job description without worrying about FMLA violations …

California’s paid family leave law turns 2

09/01/2006

California employees are paying into a two-year-old paid family leave fund, yet only 29 percent know it, says a new study by the Paid Family Leave Coalition …

Does FMLA cover leave after relative dies?

09/01/2006

Q. One of my employees has been out on FMLA leave for seven weeks taking care of his sick father in another state. The leave was approved for a full 12 weeks. I received a voice mail from him saying that his father died. He also said that he had to clear up a lot of things with his father’s estate, but that he would be back by the end of his scheduled leave. Can he do that or can I tell him he needs to come back sooner? —V.S.

How to pay employee called in during PTO leave

09/01/2006

Q. We have a nonexempt salaried employee who normally works Monday to Friday and is paid biweekly. She took a week’s vacation, which would come from her PTO (paid time off) bank. We had a customer emergency and called her into work on the Saturday of her vacation week. How should she be paid? Should she receive her PTO pay but have eight hours less of it charged against her PTO bank? Should she be paid for eight extra hours, plus her week of PTO pay? If we pay her both PTO and eight extra hours, do we have to pay her overtime? —W.M.

Troopers Cite ADA and Privacy in Lawsuit Over Call-In Policy

09/01/2006

The Pennsylvania State Troopers’ Association has filed a lawsuit against the state police, arguing that troopers shouldn’t have to tell their duty desk the specific reason they’re calling in sick. The association alleges that the call-in policy violates the ADA because it may force troopers to disclose a disability …

Run FMLA time concurrently with sick leave

09/01/2006

Q. We have an employee who is going to be out eight weeks for a qualifying serious health condition. The employee isn’t requesting to use FMLA leave because she has enough paid sick leave. Can employees choose not to use FMLA leave even though they meet the qualifications? —C.T., Georgia

Don’t push an employee toward disability leave

09/01/2006

Q. We have an employee (an officer at the bank) who was out six months with a heart condition. He has had performance problems on and off since then. He was hospitalized again with pneumonia and returned looking very bad, but his doctor says he’s fine to return to work.  We approached him about taking disability and SSI benefits, but he refuses. Now we face a morale issue because he constantly talks about his illness and his co-workers feel he isn’t performing. If we terminate him, what is the best approach? —C.T., N.J.