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Compensation & Benefits

Personal dislike not enough to win discrimination lawsuit

04/01/2008
We’re all different, and personality conflicts are a fact of life. But even if some supervisors and subordinates may not be on the best of terms, minor slights and unfair treatment aren’t enough for a discrimination lawsuit …

Labor Dept. proposes extensive revisions to FMLA regulations

04/01/2008
The U.S Labor Department has announced proposed revisions to the FMLA regulations.  And the National Defense Authorization Act for FY 2008 amended the FMLA to provide leave for eligible employees to care for injured service members and to deal with any “qualifying exigency” arising out of the fact that a covered family member is on active duty or has been notified of an impending call to active duty …

FMLA leave even if paperwork is lacking?

04/01/2008
Q. Can an employee be required to use FMLA leave if the required paperwork has not been completed by the employee or signed by the employee’s physician? …

You must follow no-Fault absenteeism policy to the letter

04/01/2008
Companies often rely on a no-fault absenteeism policy as an objective way to determine who should be terminated for unreliability. As long as the policy doesn’t count time off for an FMLA-protected reason, such policies work well—if you follow your own rules …

FMLA changes are here — and even more are on the way

04/01/2008

Employers with 50 or more employees that are subject to the requirements of the FMLA, take note: Significant developments are under way: A new law extends leave benefits to military families, and the U.S. Labor Department is revamping regulations interpreting employers’ obligations under the FMLA …

Must we pay our employee while she serves on a jury?

04/01/2008
Q. We have an employee who is serving on a jury. It’s a long case. Do we have to keep paying her for her time off? — P.J., Minneapolis …

Termination after maternity leave may violate the FMLA

04/01/2008
Not every employee wants to take FMLA leave, and employers sometimes don’t designate paid time off as FMLA time. But an employee doesn’t have to request FMLA leave in order to be protected by the law. That means you can’t refuse to reinstate an employee when she returns from leave. Doing so would amount to interference with the right to FMLA leave …

How many no-Show days equal ‘Job abandonment’?

04/01/2008
Q. How many days does an employee have to report his absence (no show, no call) before we can terminate him for job abandonment? — W.L., Wisconsin …

Maternity leave: What can you legally ask?

04/01/2008
Q. What questions can we ask a pregnant employee about her impending maternity leave and if/when she’ll be returning to work? — M.M., Ohio …

How to assign FMLA leave to a reluctant employee

04/01/2008
Q. What happens if an employee takes sick or vacation leave and we want to run out his FMLA leave? We think he has a qualifying condition, but he won’t get medical certification because he doesn’t want the time used for FMLA. — R.W.D., Georgia …