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

Employment Law

Playing doctor: What’s a ‘serious’ condition under FMLA?

07/01/2001
Since 1993, employees have been able to take up to 12 weeks of unpaid leave to care for their own “serious health condition” or to tend to a child, spouse or …

Urge Staff to Visit Doctor During Off-Duty Hours

07/01/2001

Q. We don’t usually require employees to provide documentation when they take time off for doctors’ appointments, but one worker has a pattern of scheduling these “appointments” on the Friday before holiday weekends. Can we request verification from the doctor’s office on a case-by-case basis? —J.B., Washington

Newborn’s Medical Problems May Warrant Shorter Hours

07/01/2001

Q. A long-standing employee recently took leave under the FMLA to give birth, but her twins have many medical complications. She exhausted her eligibility under our disability carrier and isn’t eligible for long-term disability because she’s not disabled. We want her back, but she can’t commit to even 20 hours a week. What are our obligations under the FMLA, and would this individual be entitled to unemployment compensation if we terminate her? —G.B., New York

Workers Can Limit Payments to Union

07/01/2001

Q. We recently lost a union election, 6-3. What can employees who did not want any part of the union do now? Is there any way for them to get out of this? —K.F., Pennsylvania

Limit Employees’ Use of Phone While Driving

07/01/2001

Q. The animal care officers who work for us spend 80 percent of their time driving and responding to rescue calls via cell phone. Requiring them to pull off the road while talking on their phones wouldn’t work. Is there another way to limit our liability? —D.R., Florida

Protect disabled staff from harassment

06/01/2001
Starting today, plan to revise your anti-harassment policies and instruct your staff that harassment based on a worker’s disability is against the law. Reason: In a pair of landmark rulings, two …

Employee’s religious belief doesn’t let her dictate your business

06/01/2001
Sandra Bruff was a counselor for an employee assistance program (EAP), but she balked at helping employees deal with their homosexual or extramarital relationships. That kind of advice violated her religious …

Go for the gold: Craft waivers that release you from all lawsuits

06/01/2001
The teachers and students in the classroom where Mary Jefferson was a part-time aide regularly used derogatory terms for females, such as bitch, slut and whore. As a result, Jefferson filed …

Get separate signature to enforce arbitration agreements

06/01/2001
When Lupe Romo filed suit after being fired, her employer argued that she had to take her complaint to arbitration. Reason: An agreement to arbitrate was part of the employee handbook, …

Don’t withhold promised severance when a former employee files suit

06/01/2001
When Shawn Bernstein lost his job in a company merger, he sued under just about every discrimination law imaginable. The court threw out those claims, saying the company had legitimate reasons …