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Employment Law

Don’t expect employees on FMLA leave to stay in bed

01/01/2004
Issue: Make sure you’re in the right before punishing people for ‘misusing’ FMLA leave. Risk: Tons in legal fees defending an arbitrary decision. Action: Make it clear to employees …

4 Tips for Choosing a Long-Term Care Insurance Plan

01/01/2004

Long-term care (LTC) insurance can offer a low-cost way to upgrade employee benefits. The benefits: reduced absenteeism due to employee caregiving duties and  tax benefits for some employers. Use these four strategies to decide whether sponsoring an LTC insurance plan makes sense for your organization …

Don’t try to ‘explain away’ overtime errors

12/01/2003
Counsel your managers to treat overtime complaints with respect, and avoid any cavalier statements or excuses about why someone hasn’t been paid overtime. Reason: You face big risks by making such …

Court: ‘Serious health condition’ requires 3 full days of incapacity

12/01/2003
When it comes to judging whether an employee’s serious health condition qualifies for Family and Medical Leave Act (FMLA) protection, require at least three consecutive, full days of incapacity. A new …

Avoid stricter notification policy than FMLA requires

12/01/2003
Can your organization require employees to give notice of their need for FMLA in a way that’s more stringent than the standards set by federal law? Courts are split on this …

Don’t expect those on FMLA leave to ‘stay home and shut the blinds’

12/01/2003
You can discipline employees if you discover that they lied about their need for FMLA leave or they seriously misused their leave time. For example, a court recently upheld the firing …

Barefoot, pregnant … and in court; how one dumb remark turns the tide

12/01/2003
Typically, employees need to show some pattern of discriminatory comments or behavior to carry a sex discrimination charge in court. But, as the following case proves, one stray remark that occurs …

ADA and diabetic workers;
know your legal obligations, limits

12/01/2003
The incidence of diabetes in the United States is rising. More than
17 million people over age 20 are diagnosed with diabetes, so you face a good chance of having …

Now’s the time to evaluate your in-house promotion policy

12/01/2003
Here’s a new trend that shows positive signs for the economy, but should present a big “Caution” sign for you: The number of people changing jobs within an organization has more …

Steer clear of cutting sick worker’s job in half

12/01/2003

Q. One of our full-time employees, age 60, is ill and expected to be out six months. We’d like to make her position part time, because we need to hire an additional part-timer in another department. Essentially, we’d like to split her full-time job into two part-time positions. Is this legal? —D.H., Texas