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Illinois

Feel free to set generous FMLA notice terms, but rely on the law if you wind up in court

10/12/2010
Some employers cut more slack than the FMLA requires when employees fail to give timely notice that they want to take FMLA leave. The company typically might send an employee a letter informing her that, since she didn’t show up for her last scheduled shift or offered an explanation, she has five days to return or explain why she can’t work. If the reason is one covered by the FMLA, she may already have lost the right to claim FMLA leave.

Gender bias in Joslin could end company’s federal contracts

10/12/2010

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has charged Tyson Fresh Meats with gender discrimination at its facility in Joslin. A DOL investigation revealed that Tyson’s selection system and procedures discriminated against women seeking entry-level positions at the plant.

Don’t delay reasonable accommodations decision

10/12/2010

Employees who are disabled are entitled to reasonable accommodations. Employers and employees are supposed to talk about possible accommodations in what’s called the interactive accommodations process. An unreasonable delay in the process may amount to an ADA violation.

Make amends fast if mistake harms worker

10/12/2010

Supervisors accused of discrimination sometimes lose their tempers—and then proceed to say or do something stupid. When that happens, act fast to step in and make amends. That’s especially important if the affected employee has walked off the job. The key is to make the employee understand that he still has a job and should return to work.

Poor attitude and work ethic? Don’t give that promotion

10/01/2010

You want to promote the most capable and promising employees and encourage low performers to improve. That may mean pointing out some painful realities when an employee is passed over for promotion. Done sensitively, pointing out poor attitude and lack of a strong work ethic won’t fuel a lawsuit.

Taking FMLA leave may rule out performance bonus

10/01/2010
Under the right circumstances, employers that pay discretionary bonuses based on actual performance don’t have to make the extra payments to employees on FMLA leave. Thus, a discretionary bonus based on performance during each quarter may not have to be paid if the employee didn’t work.

What are the new rules for nursing mothers?

09/16/2010
Q. Could you give us some guidance on our requirement to provide breaks for nursing mothers?

Must we provide health insurance coverage for employees’ adult children?

09/16/2010
Q. How does the new health care reform law affect coverage for adult dependent children under a group health plan?

What are the rules on applicant credit checks?

09/16/2010
Q. Our company would like to review applicants’ credit information when we make hiring decisions. Can we do this?

How will Illinois’ wage law change next year?

09/16/2010
Q. How are employees affected by the amendment to the Illinois Wage Payment and Collection Act?