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

FMLA

Insisting on ‘100% healed’ may violate FMLA rules

05/04/2009

Employees who take FMLA leave are entitled to return to their jobs, or substantially equivalent ones. Employers often want a return-to-work certification to show that the employee is healthy enough to come back. But it can be risky to insist that the employee return without any restrictions at all …

Navigating the complexities of a layoff to avoid unnecessary risks

05/04/2009

In today’s down economy, nearly every termination and layoff is fraught with risk. Layoffs are supposed to be blind on issues of race, sex, age, etc. But, if you are making these decisions in the dark, you are making a big mistake that could prove very costly. Before implementing a layoff, it’s crucial to review the demographics of who is staying and who is leaving.

25 Off-Limits Interview Questions

05/01/2009
White Paper published by The HR Specialist, copyright 2009 ______________________ Job interviews present a minefield of legal problems. One wrong question could spark a discrimination lawsuit. That’s why you should never "wing it" during interviews. Instead, create a list of interview questions and make sure every question asks for job-related information that will help in […]

The 10 Employment Laws Every Manager Should Know

04/28/2009
Login Email Address Password I forgot my password To continue reading this page, become an HR Specialist Premium Plus member today! Your subscription includes: Ask the Attorney: Answers to your HR legal questions Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state State-by-State: Summaries of HR laws in all 50 states […]

EEOC issues employer best practices on work/family balance

04/28/2009

A new EEOC document spells out the best practices employers should follow to avoid discriminating against workers who care for ill family members, an issue that’s especially critical in a down economy. Follow our links to download your copy of this important EEOC guidance.

Route all requests for FMLA leave through HR

04/27/2009

Employees who are having work troubles sometimes think they can prevent being fired by asking for FMLA leave. Their ace in the hole if they are fired: They can always sue for retaliation under the FMLA. That only works if those responsible for the termination decision actually know that the employee has asked for FMLA leave …

Plymouth House nursing home slammed for ‘bad faith’

04/22/2009

A federal jury has awarded $74,000 to Melissa Brown, a former food service director at Plymouth House nursing home in Plymouth Meeting, after the contractor employing her dismissed her when she sought maternity leave. But that was just the beginning …

How often can we request medical information from a chronically absent employee?

04/22/2009

Q. If an employee constantly calls in sick because of migraine headaches, how can we verify the real reason for the absences? Can we ask for information each time the employee is absent?

Train managers on new FMLA regulations

04/20/2009

New FMLA regulations went into effect in January. Now is an excellent time to offer everyone in management a refresher course in what the FMLA requires. If managers remain ignorant of the new rules—or the old ones still in place—you increase the risk that an employee will charge them with willful violations.

Tell supervisors: Enforce attendance rules equally—or prepare for court

04/20/2009

If your organization uses progressive discipline to enforce your attendance policy, caution supervisors against making exceptions for some employees unless it’s clear the absence shouldn’t have been counted against them (for example, the absence was an FMLA-related reason or part of an approved ADA accommodation).