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

Employment Law

Unmarried parents: Can they take FMLA together?

06/05/2012
Q. Two of our employees live together but are not married. They want to take FMLA leave at the same time after their child is born. Since they work in the same section, doing similar work, this would be a big problem. If they were married, we could make them share the 12 weeks. Can we force them to do the same even if they aren’t married?

EEOC sets stage for Title VII protection of transgender workers

06/04/2012
Citing the U.S. Supreme Court’s decision in Oncale v. Sun­­downer, the EEOC has now stated that it believes Title VII prohibits workplace discrimination against transgender people—those whose gender identity or gender expression differs from the sex they were assigned at birth.

Amputation leads to OSHA sanctions in Botkins

06/04/2012
OSHA has cited Boomerang Rubber Inc. with 31 health and safety violations after a worker’s arm was amputated while he was performing maintenance on a rubber processing machine at a truck mat and mud flap manufacturing plant in Botkins.

Ohio EEOC claims fell in 2011

06/04/2012
Ohio employees filed 313 fewer EEOC discrimination charges last year than in 2010, according to data the commission just released.

Offering disability benefits isn’t admitting disability

06/04/2012
Offering disability benefits to an employee doesn’t prevent an em­­ployer from later contending that the employee is not actually disabled.

Think employee is committing leave fraud? Feel free to discipline–and document why

06/04/2012
If you suspect an employee is abusing your generous sick and disability leave benefits, consider cracking down on fraud. As long as you can document that you made a good-faith decision to punish leave abuse, a court won’t second-guess your actions.

Reclassification bid doesn’t equal promotion request

06/04/2012
Asking to have a position re­­classified at a higher pay grade isn’t the same as requesting a promotion. If the request is turned down, the employee can’t sue for a denied promotion.

Angry employee announces, ‘I quit!’? Tell him you accept his resignation

06/04/2012

Adjusting to a new supervisor can be hard, especially if work assignments are changing at the same time. It can start to feel like a conspiracy to some employees. If sufficiently frustrated, the employee may quit in a huff. Sometimes, your best bet is to accept that resignation.

Commuting help isn’t reasonable accommodation

06/04/2012
Employers are supposed to provide reasonable accommodations that remove barriers to working for disabled workers. But those accommodations don’t have to include implementing changes that make a disabled employee’s commute easier.

Intermittent FMLA leave is a pain, but don’t deny it for that reason

06/04/2012

Approving, certifying and tracking intermittent FMLA leave can be a royal pain, especially in industries where attendance is crucial. But employees who are otherwise eligible for intermittent FMLA leave can’t be denied that right simply because it’s inconvenient for employers.