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Attendance policies: Control absenteeism without breaking the law

08/01/2008

For most employees, regular attendance is a key job function. But while you are free to set and enforce attendance rules, you must also comply with key federal laws, including the FMLA and the ADA.

 

Can we switch a salaried employee to hourly to deal with pregnancy-related absences?

08/01/2008

Q. Our office manager, who is pregnant, has begun coming in late two or three times a week due to morning sickness. Because she is a salaried employee, we know that we cannot deduct from her wages for partial-day absences. Can we change her position to one that is paid on an hourly basis until she returns from her maternity leave? …

Use patience when disciplining employee who requested FMLA leave

07/28/2008
Some employees who are having performance problems think taking FMLA leave will stop any pending disciplinary action. But an employer doesn’t need to hesitate to discipline if it can show that the employee really does deserve the discipline. But don’t jump the gun …

Can FMLA leave run concurrent with workers’ comp?

07/25/2008
Q. May I treat as being on FMLA leave an employee who is absent with an injury covered by workers’ compensation? …

Job bias against women who’ve had abortions is illegal

07/24/2008

By now you know that employers can’t fire or otherwise punish employees because they’re pregnant. But what about employees who choose to have an abortion? Make sure your supervisors know it’s illegal to discriminate against them, too.

FMLA leave-Takers aren’t untouchable, but courts will look closely at timing

07/24/2008
Employers that come down hard on employees who have just requested FMLA leave are looking for trouble—especially if the employee was performing well until recently. The timing will look suspicious …

Refusing reinstatement after FMLA? Get your story straight

07/24/2008
Employees who take FMLA leave are entitled to return to their same jobs (or substantially equal ones) after leave ends. But what happens if employees can’t return to their same jobs because they aren’t completely well or able to do the same duties they did before?

Exempt employees and negative leave balances

07/24/2008
Q. I know I must pay exempt employees their full salaries even if they have no accrued benefits in their leave plans and their accounts have negative balances. But can I keep negative balance tallies and then subtract the negative balances as the employees earn more leave? …

Is that leave legit? You can discipline for FMLA ‘Vacation’

07/22/2008
Do you suspect that some of your employees take FMLA leave for something a little less serious than tending to the health care needs of themselves or their relatives? If so, here’s some good news: You can and should check up on suspicious FMLA usage …

When termination follows military family leave

07/22/2008
Q. Our medical practice has a night nurse who answers calls for patient emergencies and then relays those emergencies to the doctor, if necessary. Recently, business has been slow, and we are considering eliminating the night nurse position and using an answering service instead. Our night nurse (who has not been informed of the company’s plans regarding her position) has notified us that she will be taking off several days to spend time with her husband who is returning from active military duty. We don’t want her to think that we are eliminating her job because of her planned leave. Any suggestions? …