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Xerox employees buy time off through payroll deduction

11/01/2007

Employees at Xerox can buy extra vacation time through a payroll deduction. Instead of paying for the extra vacation time all at once, employees can make weekly or monthly fixed-rate installments through payroll deductions …

You can force an eligible employee to take FMLA leave

11/01/2007

FMLA provides up to 12 weeks’ unpaid leave to eligible employees for their own or a relative’s serious health condition. Employers can run FMLA leave concurrent with other paid leave if they choose, which has the effect of running out the clock. But what if the employee has a serious health condition and doesn’t want to use up her FMLA time just yet? Can you force her to take FMLA leave? You can, as the following case shows …

Erroneous ‘ERISA’ label doesn’t rule out state regulation

11/01/2007

The Employee Retirement Income Security Act (ERISA) was created to protect employee benefits plans. It preempts state regulation of covered plans. But many states, including Ohio, have specific laws that cover other aspects of the employment relationship. Those laws still apply in many cases, even if an employer mistakenly states ERISA covers a particular benefit …

How does FMLA leave overlap with paid vacation, sick and personal leave?

11/01/2007

Q. Our employee handbook provides that employees who take FMLA leave must first use any available paid-leave time, including vacation, sick time and personal time, as part of their FMLA leave. I have recently heard that there may be limitations on an employer’s ability to require an employee to substitute his paid-leave time for unpaid FMLA leave. Can you clarify this? …

When whistle-Blowing is involved, discharge reasons must be rock-Solid

11/01/2007

he Michigan Whistleblowers’ Protection Act protects employees who report suspected wrongdoing to public authorities from retaliation. An employer that knows an employee has reported alleged wrongdoing must take special care when disciplining or discharging that employee. Unless you have an absolutely legitimate business reason for your action, the timing makes the decision suspect and will most likely lead to a jury trial …

Attendance abuse and the FMLA

11/01/2007

Q. Our company has certain employees who we believe abuse our absentee policy. We use a “no fault” system, but we do excuse FMLA absences. Typically, when employees get close to discipline or termination, they begin the paperwork for an FMLA absence. Do you have any suggestions on how we could better police the FMLA process to limit abuse? …

Stay on top of FMLA recertifications—Track when employees receive your requests

11/01/2007

When employees take intermittent FMLA leave, it’s your responsibility as the employer to insist employees regularly update their medical information through their physicians. That means you must be prepared to prove employees not only knew they needed to get their conditions recertified, but also received the forms …

No unemployment comp for workers who quit to care for disabled family members

11/01/2007

Family and military leave laws require Indiana employers to accommodate employees dealing with certain family problems. But the law doesn’t stick employers with an unemployment compensation bill when employees quit after their protected leave expires. Thanks to a recent Indiana Court of Appeals decision, it is now clear that voluntarily quitting to care for an ill family member does not mean the employee is eligible for unemployment compensation payments …

Know your Indiana Military Family Leave Act responsibilities

11/01/2007

Indiana has joined a growing number of states that require midsize and larger employers to provide job-protected leave to eligible employees who have family members on active duty in the U.S. armed forces and the Indiana National Guard. The law is expected to have a significant impact on Indiana employers since more than 37,000 Indiana residents serve in the military or in National Guard units. Note, though, that the deployed family member doesn’t have to be an Indiana resident …

Grandparent leave for military service

11/01/2007

Q. One of our employees has a grandson who has just been called for duty in Afghanistan. She wants to take off the week before he ships out to attend a get-together in Orlando with him and other family members. She has no vacation time left, and this is a very busy season for our company. Do we have to let her go? …