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FMLA

FMLA expired and we haven’t heard from worker: Can we legally terminate?

09/03/2013
Q. One of our employees was injured on the job and has been on leave for almost six months now. Her eligibility for FMLA leave expired a couple of months ago and we haven’t received a response to the notice we sent her stating that her time off under worker’s compensation counts against any leave she may be entitled to. Can she legally be terminated and replaced?

Good news for supervisors, HR pros: No personal liability under Title VII

08/28/2013
While some federal and state laws allow employees to personally sue their super­visors or an HR professional, that’s not the case for Title VII of the Civil Rights Act. Only employers can be liable for discrimination covered by that section.

Balance the pluses and minuses of switching to PTO banks

08/26/2013
Some employers have retooled the traditional method of setting paid time off in separate categories by folding vacation, personal or sick leave entitlements into one “bank.”  So-called paid time off (PTO) programs offer benefits for employers and employees alike, but there are some potential pitfalls if you are not careful.

Must we grant time off for employee to care for a grandparent?

08/20/2013
Q. Our company has 30 full-time employees. One of our employees who is working on a key project has asked us for time off to take care of her grandfather, who has cancer, on days after he’s gone through chemotherapy. We know other family members are available to provide this care, and we are worried that it will be a hardship to have the employee away from work. Do we have to give the employee the time off?

Can we fire admitted drug user, or should we offer time off for treatment?

08/20/2013
Q. We have an employee who has been performing poorly and who has shown up for work appearing to be intoxicated. In a discussion with a manager, the employee admitted that he was currently using cocaine and it was affecting his personal and work life. We haven’t done a drug test on the employee, given his admission of drug use. We want to fire the employee, but we aren’t sure if the FMLA or any other law requires us to give him time off to undergo treatment?

Not all FMLA mistakes will cost you in court

08/20/2013
What if your mistaken belief that an employee has a serious health condition prompts you to grant FMLA leave? Does she have any legal basis to sue? Probably not.

Beware schedule changes when employee returns after FMLA leave

08/20/2013
When an employee takes FMLA leave, she is supposed to return to her old job or an equivalent one in terms of pay, responsibilities and other benefits. Something as minor as a change in starting time can sometimes support an FMLA-interference claim.

Boss, employee of different races? That’s not bias

08/13/2013
Most workplaces now reflect the nation’s increasing diversity. Don’t let that worry you. An employee can’t sue just because a ­manager who makes employment decisions belongs to a different racial group.

Obesity is Now a ‘Disease,’ AMA says; What’s That Mean for HR?

08/09/2013
The American Medical Association (AMA) this summer officially designated obesity as a “disease”—instead of as a condition. The AMA’s designation does not carry any official change in the law or regulations. But experts say it could increase the likelihood that obese employees will be deemed “disabled” under the Americans with Disabilities Act (ADA), plus increase your organization’s workers’ comp costs.

Must we give FMLA leave for cosmetic surgery?

08/09/2013
Q. An employee lost weight and is having excess skin removed and a breast lift. There will be a surgery and recovery period. Is elective cosmetic surgery covered under a serious medical condition?