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

Leave

You can discharge disabled employee if there’s no way to know when she’ll return

06/22/2009

Employers don’t have to provide a disabled employee with an indefinite leave of absence when the employee has a medical emergency and doesn’t know how long it will take to return to work. As long as the employee isn’t covered by the FMLA (in which case, she would be entitled to 12 unpaid weeks of leave), you can terminate her without violating the ADA.

Congress begins debate on paid-leave bill; Obama OKs same-sex benefits for federal workers

06/22/2009

Legislation recently introduced in Congress would require employers with 15 or more workers to provide at least seven days of paid sick leave per employee per year. The so-called “Healthy Families Act” would guarantee workers at least one paid hour off for every 30 hours worked.

Can we request FMLA recertification for each migraine?

06/22/2009

Q. If an employee constantly calls in sick because of migraine headaches, how can we verify the real reasons for the absences? Can we ask for information each time the employee is absent?

An hour of intermittent FMLA leave? A half hour? 15 minutes? How low can employees go?

06/16/2009

An employee approved for intermittent FMLA leave says she only needs to take an hour this week. Can she take leave in such a short increment? Could she take even less?

Suspect FMLA leave abuse? Tread carefully

06/12/2009

Employees who take intermittent FMLA leave can often cause real problems for employers because they take time off so sporadically. But sometimes you may detect a pattern that indicates the employee might be abusing authorized intermittent leave. Can you fire him?

On-demand leave isn’t reasonable accommodation

06/12/2009

Some employees think that any disability that periodically acts up entitles them to unlimited time off. Sometimes, courts view extra time off as a reasonable accommodation, but there are limits.

Does the Lilly Ledbetter Fair Pay Act protect employees other than women?

06/12/2009

Q. Carlos, a longtime Latino employee, frequently complains that he is paid less than his white, non-Latino counterparts. He blames this pay discrepancy on a previous supervisor who allegedly denied him several promotions in the late 1990s because of his national origin. I have heard about the Lilly Ledbetter Act. Could it affect us in this case?

How to handle habitually late workers

06/09/2009

Employers expect employees to get to work on time. Occasional problems with traffic or family issues sometimes make employees late. But chronic tardiness is another thing altogether. While most employers track tardiness occurrences, they should do more. How?

The baby’s on the way! How much FMLA leave do unwed new parents get?

06/09/2009

Q. We employ the unwed parents of a newborn child. They have requested FMLA leave to care for their child after birth. Both parents are eligible for leave, but we would like to limit their leave to a combined total of 12 weeks during the 12-month leave period. Can two parents of the same newborn be limited to a combined total of 12 weeks of leave under the FMLA?

Supreme Court decides Hulteen pregnancy discrimination case

06/08/2009

Claims of pregnancy discrimination have gained attention again with the U.S. Supreme Court’s recent decision in AT&T Corp. v. Hulteen. In light of the decision, now is the time to conduct an audit of your practices, policies and plans to make sure they comply with the  Pregnancy Discrimination Act ’s requirements.