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How will the election affect employment law?

10/23/2008

More than 60% of corporate counsels expect the election to have an impact on employment laws at their companies, according to a survey by The Association of Corporate Counsel.

If FMLA is issue, log time of firing decision

10/22/2008

Employers that can show they had decided to terminate an employee before they knew he needed FMLA leave aren’t liable for interfering with that leave. But don’t think you won’t be challenged on your timing. That’s why you must make sure you can prove exactly when you made the decision …

OK to fire employee who lies about FMLA absence

10/22/2008

Employees sometimes don’t want to give their employers personal details about an illness or a condition that may be covered by the FMLA. But if you find out they lied about the nature of their health problems, you can fire them for violating your honesty policy.

Time Off to Vote: State-by-State Voting Leave Laws Explained

10/21/2008

All indicators point to record voter turnout on Election Day, Nov. 4. Chances are, some (if not all) of your employees will want to take part of the day off to cast their ballots. No federal law requires employers to grant voting leave, but most states have laws that do. Here’s a state-by-state rundown of those laws to help you comply.

Run FMLA leave concurrent with other leaves

10/17/2008

Q. One of our employees will be out for medical treatments for four to six weeks. He doesn’t want to use FMLA leave, just his accumulated sick and vacation days. We’re afraid he’ll use them up and then demand 12 weeks’ FMLA leave. Can we make him use FMLA leave first? …

Can we terminate employees on workers’ comp?

10/17/2008

Q. We have two employees who went out on workers’ compensation leave and never came back. They’re still listed as employees. Can we lay them off? …

Caring for grandchild qualifies for FMLA leave

10/14/2008

When an employee has a baby or adopts a child, it’s easy to determine that he or she is eligible for FMLA leave. But it gets murkier when the baby who needs care isn’t the employee’s own child. The FMLA regulations list eligible dependent children as those to whom the employee has “day-to-day responsibility to care for and financially support.”

Recalculate hours worked for 2nd FMLA request

10/10/2008

To qualify for FMLA leave, employees must have worked 1,250 hours in the preceding year. It sounds like a pretty simple calculation, but it’s not. The fact is, you could be allowing leave for employees who aren’t actually eligible for it. Here’s one way to tighten up eligibility …

Can we deduct pay from exempt employees who have used up PTO and FMLA leave?

10/10/2008

Q. We have an employee who has a degree in accounting and is treated as a salaried, exempt professional employee under the FLSA. He became ill and has used his 12 weeks of FMLA leave. He chose to use the PTO leave concurrent with his FMLA leave. Since he returned, he has missed seven additional days of work. Can the company deduct these missed days from his pay without losing the salaried, exempt status?

Ask for clear notice of FMLA condition

10/08/2008

Employees who need FMLA leave to deal with serious health conditions are supposed to let their employers know. Employees don’t have to use the words “FMLA leave” when they request it, but they must give their employers enough information to reach the reasonable conclusion that the employee has a serious health condition. Simply calling in sick isn’t enough …