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Track reasons for multiple FMLA leaves

12/31/2008
 

It’s a good idea to keep careful track of the reasons why employees take FMLA leave—especially if an employee takes leave on different occasions for different reasons.

Justice Department sues judge, courts for USERRA violations

12/31/2008
 

The U.S. Department of Justice has filed a lawsuit accusing the North Carolina Administrative Office of the Courts and N.C. Superior Court Judge Jerry Braswell of violating former Magistrate James Myles’ rights under USERRA.

7 unique employee benefits programs

12/30/2008
  

From surveys of employees' lifelong dreams to alumni reunions to baby showers for moms-to-be, here's a rundown of seven innovative benefits practices employers are using to reward and retain the staff they need. They're compiled from the popular "What's Working" pages of HR Specialist's Compensation & Benefits newsletter.

Generous about leave? Beware FMLA suit anyway

12/24/2008
 

What happens if an employer discourages an employee from taking FMLA leave and instead offers more than 12 weeks off with full pay? Can the employee still sue for interference with his right to FMLA leave if he isn't reinstated to his prior position or an equivalent? The apparent answer is "yes."

Must we grant time off for witness duty?

12/24/2008
  

Q. An employee has been subpoenaed to appear as a witness in a criminal case. Are we required to pay him for that time, or can we have him take vacation time or an unpaid leave of absence?

What are the risks of continuing a no-fault attendance policy?

12/24/2008
  

Q. Our company’s attendance policy calls for issuing a warning when an employee has three absences. Five absences result in a suspension, and seven absences result in termination. Can we continue this policy?

Do we have to pay health insurance opt-out bonus during FMLA leave?

12/18/2008
  

Q. Our company offers a health insurance opt-out incentive, paying employees $400 a month if they use their spouses’ insurance plans. We now have an employee going out on FMLA maternity leave. Do we have to keep paying her $400 per month?

Can we deduct personal leave for exempt worker's partial-day absence?

12/18/2008
  

Q. Some of our supervisors make their exempt employees take personal or sick leave for every minute they miss from work, even if they work a regular schedule the rest of the week. Can we safely do that?

Don't consider FMLA absences when firing

12/11/2008
 

Employers can’t punish or otherwise hold it against employees for taking FMLA leave—that’s interfering with FMLA rights, and it’s illegal. That’s why it’s important to exclude FMLA leave when making any disciplinary decisions based on employee absences.

Check the medical documentation: FMLA doesn't automatically apply to ER visits

12/09/2008
 

You don’t need to give employees FMLA leave just because they have a discharge sheet from a hospital emergency room. The real question is whether the medical condition that prompted them to visit the ER was a serious health condition.

Understand, prepare to follow the new revised FMLA regulations

12/09/2008
 

The long-awaited revised and updated final rules of the U.S. Department of Labor interpreting the FMLA will go into effect on Jan.16. HR specialists should read the new regulations and then review them with an employment attorney. Also, they should promptly develop special training on new rules and procedures for supervisors and employees alike.

Be prepared to grant FMLA leave for diagnosis of serious health condition

12/09/2008
 

Routine doctors’ appointments such as checkups or annual physicals aren’t considered eligible for FMLA leave, but appointments aimed at diagnosing a condition may be. Employers that know the employee is seeing a specialist as part of the followup to an auto accident, for example, are on notice that the employee may need to take FMLA leave ...

With flu season approaching, can we force employees to stay home from work?

12/09/2008
  

Q. Flu season is coming and we are concerned. If employees have the flu or show flu symptoms, can we require them to stay home long enough to make sure they are no longer contagious? Would we have to pay them for time away?

Manage absences by asking employees why they're out

12/08/2008
 

Employee absences are costing your business more than twice as much as health care, two recent surveys reveal. Cutting even a fraction of absences can have a potent impact on your organization’s bottom line—an attractive possibility in a tight economy when employers need workers to be as productive as possible.

Encourage organ donations by offering extra days off

12/08/2008
 

Offering an extra three to 30 days of paid leave to employees who donate bone marrow or organs could improve your organization’s reputation as a company that cares about its community. Less than half of 1% of those who register as potential donors will ever be called to give, so the benefit will cost your organization very little.

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