• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Compensation & Benefits

Sued for counting FMLA against fired worker? Prove you planned to discharge anyway

09/08/2010
If you’re deciding whether to fire an employee for attendance problems (under a no-fault attendance policy, for example), you must make sure you aren’t counting FMLA leave against her. However, all is not lost if you accidentally add in an FMLA absence—as long as you can show you still would have fired the employee because of other attendance problems.

Train supervisors on FMLA notice process

09/08/2010
Train supervisors and managers on situations that could trigger the FMLA leave determination process. The best approach is to suggest they notify HR if an employee calls in sick and implies anything more than “I’m sick today.” If the employee provides any detail that makes it seem likely he or a family member is suffering from a serious health condition, he should be referred to HR to determine if he’s eligible for FMLA leave.

What can we do about an employee who has been blasting us on his personal web site?

09/08/2010
Q. One of my employees has created his own web site and has been posting negative comments about our company. Specifically, he has accused the company of failing to provide adequate benefits and paying below-market wages. Can we fire this worker for this conduct?

Employee says workers’ comp claim led to firing

09/08/2010
The oil-field communications company RigNet faces a lawsuit alleging it fired an injured field technician after he filed for workers’ compensation benefits.

Texas judge tells strikers to stop sticker campaign

09/08/2010
A Texas judge has ordered members of the United Food and Commercial Workers union to stop placing stickers airing their grievances on jars of Mott’s apple juice and other beverages made by Mott’s parent company, Dr Pepper Snapple.

Cutting health care costs: The 3-legged stool

09/07/2010

As premiums continue to rise and reforms have added new complexity (and looming new costs), the C-Suite is pushing HR for solutions. With insurance plan renewals fast approaching for many employers, there’s even more urgency. Reducing employers’ health insurance burden requires balancing three strategies: cost shifting, cost reduction and plan changes.

Columbus, Cleveland, Cincinnati top cities for working moms

09/06/2010

Ohio’s three largest cities landed spots in the top 30 of Forbes magazine’s list of best cities for working mothers. The survey weighed women’s income, cost of living, availability of pediatricians, safety, employment and spending on education.

Can we shuffle hours between weeks to avoid OT?

09/06/2010
Q. Employees at our construction company sometimes work more than 40 hours in one week, but far fewer than 40 the next. We have been transferring the extra hours to the next week. Can we do this?

What are the rules? I’m afraid we wrongly denied an employee’s FMLA leave request

09/03/2010
Q. An employee worked for us for years, took four years off to have a child and was rehired nine months ago. She asked for time off because her child needed surgery. We refused because we thought she was not FMLA-eligible. After we terminated her for an unauthorized leave of absence, we received a nasty letter from her attorney threatening to sue us for violating her rights under the FMLA. Who’s right?

How should we get medical information for certifying the need for FMLA leave?

09/03/2010
Q. Is there any help you can provide on how we should obtain medical information from employees taking FMLA leave?