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Texas

Can we demand a second opinion on fitness for duty after FMLA leave?

01/05/2009

Q. We have an employee returning from a leave taken under the FMLA. His physician has issued a fitness-for-duty certificate. However, we question the worker’s ability to perform his old job because the length of his absence was too short for him to recover completely. Also, the fitness-for-duty certificate simply states that he is “able” to work, without addressing his specific job duties. Can we send him to another physician for a second fitness-for-duty examination?

May we recover insurance premiums paid while employee was on FMLA leave?

01/05/2009

Q. I have an employee who is taking leave under the FMLA. The company is continuing to pay the same portion of her health insurance premiums that we paid while she was working. If the worker fails to return to work when her protected leave expires, may the company recover the premium payments made during her leave period?

Feds issue new I-9 form: Start using it by Feb. 2

12/18/2008

U.S. employers must begin using a revised version of the I-9 Form starting Feb. 2. Employers that use the current edition of the I-9 (dated 06/05/2007) after Feb. 2 may be subject to fines.

U.S. Supreme Court: 4 key employment cases could reshape HR

12/05/2008

During this term, the U.S. Supreme Court will consider employment cases concerning arbitration, pregnancy discrimination, protected activity and union fee use.

Track attitude if it’s a performance criterion

12/04/2008

Before you use attitude as one of the reasons for rewarding one employee over another, consider how you will defend that decision if another employee thinks it was based on discrimination. Here’s how to use attitude as a decision factor.

Don’t delay paperwork for FMLA leave

12/04/2008

Act fast if you require employees to furnish medical certification for requested time off. Delaying sending the forms may in itself constitute interference with an employee’s right to take FMLA leave.

DOL issues new FMLA rules; time to review your policies

12/04/2008

On Nov. 17, the DOL finalized the first major overhaul of FMLA regulations in 15 years. Some changes favor employers; others will make FMLA compliance trickier than ever. They will require changes to your policies.

Your rules can protect against retaliation—make sure managers follow them

12/04/2008

When jurors hear that a company has a clear set of disciplinary rules but made an exception in the case of someone who just filed an EEOC or internal discrimination claim, they may jump to the conclusion retaliation occurred.

Track managers’ deviation from rules to ensure there’s no hidden discrimination

12/04/2008

Here’s a problem you might never see coming: A supervisor who harbors resentment against a subordinate because of her protected classification decides to hold her to the letter of the law when it comes to a benefit such as FMLA leave. Meanwhile, other employees get preferential treatment, such as additional unpaid leave after their FMLA leave expires …

Posting openings, tracking all applications discourage frivolous discrimination lawsuits

12/04/2008

Employers that post job openings and then track the response they get to their advertisements will discourage frivolous lawsuits. Would-be applicants can’t say they tried to apply or were discouraged from doing so because of discrimination if the company can show how it routinely handles all job openings and applications.