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Compensation & Benefits

Pre-existing condition doesn’t always mean no workers’ comp

01/11/2010

Employees with pre-existing conditions that significantly contribute to a workplace injury aren’t eligible for workers’ compensation. That’s presumably because their work activities had nothing to do with the fact that the employee was hurt. On the other hand, if something related to the job contributed to the injury, the employee is eligible for benefits.

Workers’ comp premiums dip for Ohio employers

01/11/2010

Ohio’s workers’ compensation premium reform effort appears to be working. According to the Bureau of Workers Compensation (BWC), half of Ohio’s private employers paid lower workers’ comp premiums in 2009 than in 2008.

Displaced workers get unemployment while in school

01/11/2010

Gov. Ted Strickland has expanded unemployment compensation to displaced workers who are attending school. Under the new plan, unemployed workers who are full-time students need not actively seek a job in order to receive UC benefits.

Transfer with same pay and benefits may still be an adverse employment action

01/11/2010

Employees who are transferred to another position with fewer or less important responsibilities may use the transfer as a basis for an employment discrimination lawsuit. That’s true even if the transfer doesn’t come with less pay or fewer benefits.

Think worker can’t take FMLA? Run the numbers

01/11/2010

Before you decide to fire a troublesome employee for missing work because the absences aren’t covered by the FMLA, double-check your math. In one recent case, the employer fired a “poor-performing” employee but cited a dubious reason: She was frequently absent to care for her father and wasn’t yet eligible for FMLA leave. In fact, it turned out she was eligible and the court wouldn’t buy any of the other discharge reasons.

Under new FMLA rules, think twice before automatically firing workers who don’t call in

01/11/2010

The new FMLA regulations say employers can enforce their usual call-in rules, such as requiring employees to call in before missing a shift. That rule change made employers rejoice, assuming they could safely discharge employees who didn’t show up and didn’t call in. But a new case calls that assumption into question.

What can we do? Employee may have been faking need for FMLA leave

01/11/2010

Q. An employee went out of FMLA leave three weeks ago to undergo and recover from knee surgery. Last night, a reliable and trusted employee spotted him at the local YMCA playing a game of pick-up basketball. We now have serious doubts about the validity of his FMLA leave. Is there anything we can do?

OK to redistribute work as FMLA leave nears

01/11/2010

When an employee plans on taking FMLA leave, employers have to plan for the impending absence. That can include reassigning the employee to a less “mission-critical” job or temporarily removing responsibilities. Don’t worry that doing so will trigger a successful FMLA lawsuit.

Suspect doc is a ‘certification specialist’? Ask for second and even third opinions

01/11/2010

It happens more often than you might think. An HR office begins receiving an unusual number of FMLA certifications from the same doctor. The sudden deluge happens during peak production times when employees are required to work mandatory overtime. It all points to what amounts to a scam:

Tell managers: No comments on family planning

01/11/2010

Some comments simply aren’t appropriate in the workplace—especially when the person weighing in is a supervisor or manager. Most bosses understand they can’t use ethnic or racial slurs, but many don’t understand that the same common sense applies to discussing family planning.