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Employment Law

Dealing with FMLA intermittent-leave nightmare

07/01/2007

Q. We have an employee with a chronic condition. We granted her intermittent FMLA leave provided she gave us a certification each time she takes time off for the condition. We have to constantly remind her to turn in the form. She also won’t call HR when she is sick, but leaves a message with the front desk. This makes it hard to track her usage. Can we terminate for refusing to follow the instructions laid out on the FMLA approval form?

Does FMLA cover ‘Emotional care’ of spouse in ICU?

07/01/2007

Q. We have an employee whose wife is in a hospital intensive care unit. The employee asked for FMLA leave. Is this an FMLA-eligible reason, even though the employee isn’t providing “care,” as the law requires?

Overtime for drive to remote worksite?

07/01/2007

Q. We required three hourly employees to drive 15 hours to an out-of-state warehouse to do finishing work and only paid them for eight hours of straight time. They worked a 40 hour week, made the drive on a Saturday, worked in the warehouse Sunday through Wednesday, then made the 15-hour return drive on Thursday and reported to work on Friday. Someone at the Labor Department told me that since the drive extended past their regular workday, we were required to pay for 15 hours, and it probably should have been overtime. Is that correct?

Employees must file discrimination cases within 180 days

07/01/2007

The U.S. Supreme Court handed employers a major victory in a new 5-4 ruling. No longer will you have to worry that an employment decision you made years — even decades — earlier will come back to haunt you …

Don’t allow shift preferences that favor some, exclude others

07/01/2007

Sometimes, it’s impossible to manage multiple shifts and satisfy everyone. Someone is bound to come to work unhappy …

To bury age discrimination, track decision-makers’ ages, too

07/01/2007

As the population gets older, age discrimination cases are sure to become more commonplace. Some tried-and-true administrative processes can discourage those claims …

Bankruptcy can lead to dismissal of discrimination suits

07/01/2007

Today, companies commonly emerge stronger and more competitive after filing for bankruptcy. An additional, unintended benefit may have a substantial impact on the HR office …

Don’t delay termination notice if you’re confident you’re right

07/01/2007

If you can justify a decision to terminate an employee — even one with a disability or who is on FMLA leave — don’t wait. Just do it …

Calculate complaint-Filing timing in EEOC and PHRC discrimination case

07/01/2007

HR professionals: Get ready for an onslaught of litigation …

You can prohibit uncivil language as well as obviously offensive speech

07/01/2007

One person’s good-natured pet name may be another’s racist comment. You can — and should — create an anti-harassment policy …