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Employment Law

FMLA certification: Collect medical-leave proof the right way

03/01/2005
THE LAW. The FMLA lets eligible employees take up to 12 weeks of un-paid, job-protected leave each year for their own “serious health condition,” or if the employee is caring …

Cite Return-to-Work Tests in Drug/Alcohol Policy

03/01/2005

Q. One of our employees was recently in jail for traffic and drug violations. Before he returns to work, what guidelines can we follow to ensure that he’s drug-free? Will we be discriminating if we require a drug test before allowing him back on site, even though we didn’t require this test when he was hired? —M.Z., Washington

FMLA for Over-18 Relative Hinges on Self-Care Ability

03/01/2005

Q. Would FMLA leave apply to an employee who requests leave time to care for her daughter who is over age 21 and married? The daughter’s illness required hospitalization, but her husband is overseas on active duty with the military. —D.S., Georgia

Alert managers: No ‘magic words’ needed to request FMLA

03/01/2005
Issue: Some supervisors think about FMLA only if an employee explicitly says “I need FMLA leave.”
Risk: In reality, employees don’t need to use the term “FMLA.” Failing to recognize …

Don’t let managers hire or fire based on family health costs

03/01/2005
Issue: Can you terminate, or refuse to hire, people based on their impact to your health plan?
Risk: Employees have two paths to sue you for such cost-trimming employment actions. …

Request birth date only after conditional job offer

03/01/2005

Q. We don’t ask applicants for their age or birth date on our application. But we plan to start conducting background checks on applicants whom we’re seriously considering. The company that will conduct the checks for us said the birth date is on all the applications they see and that it’s instrumental to conducting the checks. What should we do? —V.T., Wyoming

You can exclude vacation pay from ‘Regular rate’

03/01/2005

Q. When we are figuring employees’ base pay for overtime calculations, can we exclude their vacation pay? —R.J.D., South Dakota

Male managers: Don’t ‘lighten up’ on females’ reviews

03/01/2005
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The new legal risk of overworking bilingual employees

03/01/2005
Issue: Overburdening employees because of their language abilities.
Risk: Relying too heavily on bilingual employees could spark a national-origin bias lawsuit.
Action: Remind supervisors to be on guard against …

Employee can’t ‘play nice’ with others? He may be ‘disabled’

03/01/2005
Issue: Which mental impairments are considered “disabilities” covered by the ADA?
Risk: An employee’s troubles interacting with co-workers may, by itself, allow the employee to claim disability status.
Action: …