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When showing up for work is essential, you don’t have to accommodate with lax schedule

10/29/2010
Employers naturally expect employees to show up on a regular basis, unless there’s an illness or emergency.But some employees have medical or other conditions that cause sporadic attendance. If they claim a disability, then they must be able to prove they can perform a job’s essential functions with or without reasonable accommodations.

 

As the EEOC steps up ADA enforcement, it’s time to review policies

10/28/2010

The EEOC projects the number of private-sector charges to exceed 100,000 by the end of fiscal year 2010. The increase is due in part to the additional statutory authority it gained with the passage of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). Given this trend, employers should review their ADA and medical policies to ensure they are in compliance with the ADAAA.

With flu season here, know what FMLA covers

10/27/2010

After last year’s swine flu scare, there’s good reason to worry about the upcoming flu season. A serious outbreak could incapacitate employers that are already operating with lean staffing. Plus, as it did last year, the season will lead to more confusion and questions over whether a flu or common cold can rise to the level of “serious health condition” that qualifies for FMLA leave.

State-by-State Guide to Voting Leave Laws

10/26/2010

When polls open nationwide next Tuesday for the 2010 mid-term elections, chances are, some of your employees will want to take part of the day off to cast their ballots. Must you let them? In most states, yes. Here’s our state-by-state guide to voting leave laws.

Jury duty for a week: Must we pay exempt worker?

10/21/2010
Q. One of our salaried employees was picked for a grand jury. She’ll be away about one week per month. Do we have to pay her during jury duty? She will be checking in via BlackBerry daily.

Parents at March of Dimes get extended benefits

10/21/2010

The March of Dimes devotes itself to promoting healthy babies—in the community and among its own employees. To that end, working moms can take 26 weeks off—six with full pay—with a guarantee that their jobs will be waiting for them when they return. They also get another week of paid sick leave. The organization also doubled its paternity benefit last year.

Don’t tell employee she can take FMLA leave until you have checked her eligibility

10/15/2010

Under limited circumstances, employees who aren’t actually eligible for FMLA leave may become eligible if their employers tell them they are. That’s why you should tell employees that you won’t have a definitive answer about whether they can take FMLA leave until you have checked on their eligibility.

Can worker who is out on unpaid leave suspend payments to her 401(k) loan?

10/15/2010
Q. We have an employee out on an unpaid leave of absence. She has informed us she would like to suspend payment on a loan she took out against her 401(k). Is that permitted?

What’s the downside of employee leave pools?

10/15/2010
Q. We would like to set up an employee leave-sharing program in which employees would contribute unused paid time off to a “pool” that could then be used by other employees who have run out of paid time-off hours. Are there any issues we should be aware of in setting up an arrangement like this?

Cash out or carry over: Can we offer employees that choice for accrued paid time off?

10/15/2010
Q. Our policy lets employees carry over up to 100 hours of unused paid time off from year to year. We would like to change the policy to permit employees the choice between cashing out paid time off and carrying it over into the next year in order to encourage them to reduce their paid time-off accruals. Is this a problem?