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Illness won’t bar unemployment; violating call-in policy may

08/12/2010
Employees who are terminated because they become ill and can’t meet attendance standards can still collect unemployment compensation benefits. But employees terminated because they didn’t follow call-in policies can’t. That’s misconduct, which bars receiving benefits.

Checking up on alleged leave abuser? Document why you suspect particular employee

08/06/2010

Do you think some employees may be taking advantage of your paid leave plan? If so, it’s OK to set up a surveillance program to catch the worst offenders. Just make sure you document why a particular employee’s behavior is suspicious. Good reasons to check up include “coincidental” timing like absences clustered around weekends or holidays.

Ohio Supreme Court OKs maternity leave waiting period

08/06/2010
Ruling against the Ohio Civil Rights Commission, the Ohio Supreme Court has ruled that a nursing home’s policy of requiring one year of service before providing maternity leave did not violate state law.

Employee being disciplined suddenly gets ‘sick’? Don’t fall for ruse invoking FMLA protection

08/06/2010
This will probably happen to you someday (if it hasn’t already): An employee in the middle of being disciplined suddenly says he’s ill and has to leave work. Then, after being terminated, he claims you interfered with his right to take FMLA leave. Don’t fall for it.

When tracking FMLA abuse, use surveillance cautiously

08/05/2010
Before you decide to videotape someone whom you suspect may be abusing FMLA leave, make sure you have a good-faith reason to do so. And be prepared to show that surveillance is a common practice for similar suspicions.

Employee volunteers get 8 paid hours a year

08/05/2010
Every employee of Cydcor, a California-based sales company, can take any day off each year to devote to volunteer work. The paid day off is part of Cydcor Cares, a program that encourages employees to donate time and money to community causes.

Can we terminate a poor performer who is currently out on FMLA leave?

07/27/2010
Q. Our receptionist has a history of being late for work and taking unexcused absences. She’s out on FMLA leave to care for her sick father. Her temporary replacement is doing an outstanding job and always shows up on time. Can we keep the new receptionist and tell the other one not to return?

School’s out for summer! But the FMLA doesn’t cover day care

07/23/2010

Believe it or not, some employees are under the impression they can use FMLA leave during the summer months to care for their minor children instead of sending them to summer camp or day care. That’s not true unless the child has a serious health condition that prevents participation in camp or day care. Otherwise, parents are expected to make conventional child care arrangements during the summer.

How can we manage conflicting vacation requests?

07/20/2010
Q. We are a small company. Two of our employees in the same department have asked to take vacation at the same time. We’re afraid that we will be short-staffed if both employees are out at the same time. Can we institute a policy preventing employees from being out simultaneously?

You don’t have to chase down FMLA certification

07/15/2010
Employers aren’t required to go out of their way to encourage employees to have a doctor certify a serious health condition that qualifies for FMLA leave.