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Compensation & Benefits

Employee recovering? Offer light-Duty job to cut off unemployment benefits

11/01/2007

When an employee gets hurt on the job, she is entitled to workers’ compensation benefits to help replace lost wages. But that doesn’t mean her employer has to keep paying full benefits forever—if the employee can return to a light-duty or modified job. And employees who don’t follow up on those kinds of alternative job offers could lose their benefits …

More employers try to regulate employees’ off-Duty behavior

11/01/2007

To help control significant health care cost increases, many employers are trying to regulate employees’ off-duty behavior when they believe that it creates health risks. Although motivated by legitimate economic concerns, are these employers overstepping the boundaries of individual privacy? …

Workers’ comp for injury at social event?

11/01/2007

Q. Is an employee who injures herself at a company-sponsored picnic eligible for workers’ compensation? …

COBRA notice for new hires

11/01/2007

Q. What are our obligations under COBRA when we hire a new worker?—T.J. …

Track mailing, receipt of any benefits-Change notification

11/01/2007

Employers that change benefits plans beware! Employees are entitled to know when their benefits will change under the Employee Retirement Income Security Act (ERISA). It’s best to make sure everyone knows about the changes before they go into effect—especially if the new plan requires the employee to do something to qualify for a benefit …

How to make sure you wind up in court: Block worker’s return from medical leave

11/01/2007

Don’t try to put up artificial barriers to discourage employees returning from medical leave. The employee probably won’t go away quietly. In fact, he may file a lawsuit alleging some form of discrimination under federal or New York employment law. What’s more, a court probably will allow a trial …

Xerox employees buy time off through payroll deduction

11/01/2007

Employees at Xerox can buy extra vacation time through a payroll deduction. Instead of paying for the extra vacation time all at once, employees can make weekly or monthly fixed-rate installments through payroll deductions …

You can force an eligible employee to take FMLA leave

11/01/2007

FMLA provides up to 12 weeks’ unpaid leave to eligible employees for their own or a relative’s serious health condition. Employers can run FMLA leave concurrent with other paid leave if they choose, which has the effect of running out the clock. But what if the employee has a serious health condition and doesn’t want to use up her FMLA time just yet? Can you force her to take FMLA leave? You can, as the following case shows …

Erroneous ‘ERISA’ label doesn’t rule out state regulation

11/01/2007

The Employee Retirement Income Security Act (ERISA) was created to protect employee benefits plans. It preempts state regulation of covered plans. But many states, including Ohio, have specific laws that cover other aspects of the employment relationship. Those laws still apply in many cases, even if an employer mistakenly states ERISA covers a particular benefit …

How does FMLA leave overlap with paid vacation, sick and personal leave?

11/01/2007

Q. Our employee handbook provides that employees who take FMLA leave must first use any available paid-leave time, including vacation, sick time and personal time, as part of their FMLA leave. I have recently heard that there may be limitations on an employer’s ability to require an employee to substitute his paid-leave time for unpaid FMLA leave. Can you clarify this? …