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The HR I.Q. Test: November ’10

11/05/2010

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

What’s the Texas law on voting leave?

11/01/2010

Q. We have had a hard time determining whether we must allow employees to miss work so they can vote? So this isn’t a problem in 2012, what rules must we follow?

Leave as a disability accommodation: Are your policies compliant?

11/01/2010

The EEOC has sued Princeton Hospital, alleging that its leave-of-absence policy violates the Americans with Disabilities Act Amendments Act. The hospital requires employees to return to work within seven days after their FMLA leave expires, regardless of whether they are disabled. The suit alleges that the hospital refused to allow additional leave as an accommodation in violation of the law.

When showing up for work is essential, you don’t have to accommodate with lax schedule

10/29/2010

Employers naturally expect employees to show up on a regular basis, unless there’s an illness or emergency.But some employees have medical or other conditions that cause sporadic attendance. If they claim a disability, then they must be able to prove they can perform a job’s essential functions with or without reasonable accommodations.

As the EEOC steps up ADA enforcement, it’s time to review policies

10/28/2010

The EEOC projects the number of private-sector charges to exceed 100,000 by the end of fiscal year 2010. The increase is due in part to the additional statutory authority it gained with the passage of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). Given this trend, employers should review their ADA and medical policies to ensure they are in compliance with the ADAAA.

With flu season here, know what FMLA covers

10/27/2010

After last year’s swine flu scare, there’s good reason to worry about the upcoming flu season. A serious outbreak could incapacitate employers that are already operating with lean staffing. Plus, as it did last year, the season will lead to more confusion and questions over whether a flu or common cold can rise to the level of “serious health condition” that qualifies for FMLA leave.

State-by-State Guide to Voting Leave Laws

10/26/2010

When polls open nationwide next Tuesday for the 2010 mid-term elections, chances are, some of your employees will want to take part of the day off to cast their ballots. Must you let them? In most states, yes. Here’s our state-by-state guide to voting leave laws.

Jury duty for a week: Must we pay exempt worker?

10/21/2010

Q. One of our salaried employees was picked for a grand jury. She’ll be away about one week per month. Do we have to pay her during jury duty? She will be checking in via BlackBerry daily.

Parents at March of Dimes get extended benefits

10/21/2010

The March of Dimes devotes itself to promoting healthy babies—in the community and among its own employees. To that end, working moms can take 26 weeks off—six with full pay—with a guarantee that their jobs will be waiting for them when they return. They also get another week of paid sick leave. The organization also doubled its paternity benefit last year.

Don’t tell employee she can take FMLA leave until you have checked her eligibility

10/15/2010

Under limited circumstances, employees who aren’t actually eligible for FMLA leave may become eligible if their employers tell them they are. That’s why you should tell employees that you won’t have a definitive answer about whether they can take FMLA leave until you have checked on their eligibility.