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

Leave

Minor changes to working conditions don’t violate the FMLA

08/01/2007

While employees are off work on FMLA leave, things may change at the office. Work space may be realigned and reassigned, for example. But employers are obligated to return FMLA leave-takers to the same or an equivalent position after the leave expires. Does that mean the employee must get the same desk, office or location? Not necessarily …

Discipline for absences even if employee has disability

08/01/2007

Employees who take intermittent leave cause the greatest disruption in the workplace, according to comments received by the U.S. Labor Department on proposed revisions to the FMLA. That includes employees with disabilities who seem to need an inordinate—and unpredictable—number of absences. If you suspect abuse, don’t jump the gun …

Not all absences are equal; punishment needn’t be either

08/01/2007

You know you can’t go easy on one person for attendance problems and come down hard on another for the same offense—especially if he or she belongs to a protected class. But, as the following case shows, courts will conclude a discipline process wasn’t discriminatory if you can show that tardiness or absenteeism affected important work goals, such as productivity …

Employee stops, pops, scores workers’ compensation claim

07/01/2007

A compliance officer for Abbott Laboratories, headquartered in Chicago, will receive workers’ compensation for injuries he sustained during a basketball competition at an annual company festival …

UPS drivers win class-Action settlement for back meal-Break pay

07/01/2007

The U.S. District Court for the Northern District of California has approved an $87 million settlement in a case brought by former and current UPS drivers …

Public sector employees entitled to paid time off to donate blood

07/01/2007

Q. We have an employee who insists that he is entitled to take off a full eight-hour day with pay to donate blood. What is the law in Georgia regarding an employee’s right to take paid leave for this purpose?

Punishing exempt worker who exceeds leave time

07/01/2007

Q. Can we deduct something from an exempt employee’s pay if he takes time off, comes in late or leaves early after he’s used up all of his leave time?

Time off for special-needs child

07/01/2007

Q. Our office secretary is the backbone of our company. Her son is in special education, and she periodically asks for time off to attend various school conferences and meetings about his progress. I don’t want to be stingy, but her absences really create problems for us. Do I have to allow her to take time off for these meetings?

How to prevent employees from abusing PTO leave

07/01/2007

A reader of our e-mail newsletter, HR Weekly, recently posed this question:  “We allow employees to take paid time off (PTO) in hourly increments, but they often use PTO when running late in the morning or for unexpected ‘appointments.’ How can we get a rein on our PTO leave?”

Incentive pay hours don’t count toward the 1,250 hours required for FMLA leave

07/01/2007

Q. We are a hospital and we give employee “bonus” hours if they agree to work weekends and at other times that are difficult to staff. An employee has requested FMLA leave to care for a family member. Our employee has actually worked less than the FMLA-required 1,250 hours in the year, but because of the bonus hours, she has been paid as if she worked more than 1,250 hours. Does she qualify? …