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Compensation & Benefits

When FMLA leave goes beyond doctor’s estimate

03/01/2008
Q. An employee with asthma got medical certification for her intermittent FMLA leave. It said her expected absence frequency was three to five times per month. This month, she took six days off. Must we count the last day as intermittent leave, or can we rely on the upper estimate from her doctor? — B.L., Missouri …

Making demands while employee is on disability leave

03/01/2008
Q. We have an employee on disability leave because she had dental reconstructive surgery due to oral cancer. Shortly after her return, her supervisor gave her a deadline to get her backlogged work done. It may not be a realistic deadline. If we discharge her, can we be in legal trouble? — Anonymous …

Answers to your FMLA military leave questions

03/01/2008
On Jan. 28, 2008, President Bush signed into law the first significant amendment to the Family and Medical Leave Act of 1993. Because of the significant changes to this important and complex statute, we have provided answers below to the most frequently asked questions regarding the changes to the FMLA …

No need to ‘Totally’ accommodate religious practices

03/01/2008
When it comes to providing employees with the time they need to practice their religion, the key word is “reasonable,” not “total.” An employer doesn’t have to bend over backward to provide all the time off an employee’s religion may demand if doing so creates morale problems among co-workers who have to pick up the slack …

FMLA compliance doesn’t rule out enforcing attendance policy

03/01/2008
We all know that people do get sick and miss work due to chronic conditions, accidents and serious illnesses. That doesn’t mean you cannot insist on good attendance. As you enforce your attendance policy, however, make sure you don’t count in any negative way absences covered by the FMLA …

New FMLA regulations clarify definitions, improve certification rules

03/01/2008

The U.S. Labor Department has published proposed FMLA regulations, which may change the way employers handle FMLA leave. The dual-purpose proposal includes changes to certain existing FMLA regulations and new military family leave entitlements …

Termination meeting should include open door, easy exit

03/01/2008

The setting for a termination meeting can be crucial in preventing an unexpected charge—false imprisonment. To avoid unfounded false imprisonment charges, make certain termination meetings are private, yet open. Allow the employee to sit by the door, with nothing blocking her exit …

File under: No such thing as a free lunch

03/01/2008
A Palatine man has been charged with theft by deception after he failed to report that the telecommunications company Avaya, had deposited paychecks totaling $469,000 into his checking account, despite the fact that he never worked there …

Wage assignment and employers’ responsibilities

03/01/2008

Tough economic times raise some tricky HR issues—for example, when an employee’s financial straits begin to affect his employer …

Brown sues drywall company for $5 million in W&H violations

03/01/2008
California’s attorney general recently filed suit against a Southern California drywall contracting firm for what he called “a sophisticated and heartless scheme” to cheat its employees out of wages. Attorney General Jerry Brown sued Irvine-based Interwall Development Systems, claiming that it failed to pay its employees overtime …