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Compensation & Benefits

Suspect doc is a ‘certification specialist’? Ask for second and even third opinions

01/11/2010

It happens more often than you might think. An HR office begins receiving an unusual number of FMLA certifications from the same doctor. The sudden deluge happens during peak production times when employees are required to work mandatory overtime. It all points to what amounts to a scam:

Tell managers: No comments on family planning

01/11/2010

Some comments simply aren’t appropriate in the workplace—especially when the person weighing in is a supervisor or manager. Most bosses understand they can’t use ethnic or racial slurs, but many don’t understand that the same common sense applies to discussing family planning.

What are our notice requirements for responding to an employee’s FMLA request?

01/11/2010

Q. We have an employee who just told us she needs leave to care for her son, who is in the hospital. What are our time restraints in responding to the request?

How much advance notice can we demand when an employee wants to take FMLA leave?

01/11/2010

Q. How much notice should an employee give an employer before taking FMLA leave?

Can we retroactively designate FMLA leave?

01/11/2010

Q. We have an employee who is on leave for two weeks to care for her ill husband. She is also pregnant and has told us she wants to take FMLA leave after she gives birth. We haven’t yet designated her current time off as FMLA leave. Can we do so and cut her entitlement by two weeks?

Does calling in ‘sick’ constitute FMLA notice?

01/11/2010

Q. Is calling in “sick” sufficient notice that an employee needs FMLA leave?

Can I get online answers to pay questions?

01/11/2010

Q. Can you steer me toward any online information about how to correctly pay employees’ wages?

Unemployment Insurance

01/08/2010

HR Law 101: Under the Federal Unemployment Tax Act (FUTA) and state laws, employers are obligated to pay payroll taxes to provide unemployment compensation to employees who lose their jobs. By understanding how the system works, you may be able to cut your state tax rate through efficient claims control …

OK to withhold commissions from employees who violate fiduciary obligations

01/07/2010

The Texas Payday Act allows employees to sue for commissions earned but unpaid after termination. But that doesn’t mean that employees are always owed such commissions. If they violated their fiduciary duty to their employers by disclosing confidential information to a competitor, it’s legitimate to withhold pay.

How should we reconcile competing demands of insurance plan, COBRA?

01/07/2010

Q. Our health maintenance organization contract calls for terminating coverage for anyone who moves outside the HMO service area. COBRA requires us to offer continuation coverage to qualified beneficiaries even if they move outside the HMO service area. How do I comply with these requirements?