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Illinois

Don’t automatically approve FMLA leave for elective or cosmetic surgery

08/18/2010

Elective surgery that isn’t medically necessary may not be eligible for FMLA leave because the employee having the procedure may not be suffering from a serious health condition. Challenge such leave requests by asking for the second and third certifications that the FMLA allows.

Stamp out harassment fast–or risk EEOC case that snowballs out of control

08/18/2010

You may think you have a problem when a single employee complains to the EEOC that he’s been the victim of race discrimination, harassment or some other form of bias. That’s nothing compared to what happens when that one complaint mushrooms into a class-action lawsuit. That can easily happen if harassment involves such flashpoints as hangman’s nooses, racially derogatory comments, racial epithets or graffiti.

Chicago ranks 21st in best cities for working mothers

08/18/2010

Chicago ranked 21st on Forbes magazine’s latest list of the top 50 U.S. cities for working mothers. Forbes ranked metropolitan areas according to women’s income, cost of living, availability of pediatricians, safety, employment opportunities and spending on education.

Uncomplicated flu may not be covered by FMLA

08/18/2010
During last year’s swine flu pandemic, lots of employers came up with contingency plans in case employees got sick. Most swine flu cases, thankfully, ended up being quite mild. And as a practical matter, that probably meant that most employees who had swine flu would not have been eligible for FMLA leave because they weren’t incapacitated or unable to perform the essential functions of their jobs for three days.

Reasonable accommodations under the ADA in the 7th Circuit

08/06/2010

The ADA requires employers to provide a reasonable accommodation to qualified individuals with a disability, unless doing so would cause an undue hardship. A recent 7th Circuit case sheds light on the extent of an employer’s obligation to accommodate an employee’s accommodation request.

Checking up on alleged leave abuser? Document why you suspect particular employee

08/06/2010

Do you think some employees may be taking advantage of your paid leave plan? If so, it’s OK to set up a surveillance program to catch the worst offenders. Just make sure you document why a particular employee’s behavior is suspicious. Good reasons to check up include “coincidental” timing like absences clustered around weekends or holidays.

Conducting a RIF? Use diplomatic language

08/06/2010

In these difficult economic times, if you have to conduct a reduction in force, think carefully about how you select those who will be terminated, especially if you anticipate bringing some workers back when the financial picture improves. For example, don’t tell employees they were picked for layoffs because their work was substandard. Use a gentler approach.

Loose lips lose lawsuits: Screen performance reviews for FMLA comments

08/03/2010
Comments supervisors make on performance evaluations can come back to haunt the company—especially if they concern the FMLA. That’s why HR should carefully review performance evaluations and tell supervisors to zip it when tempted to gripe about FMLA leave.

Do I now have to provide long-term care insurance to my employees’ same-sex domestic partners?

07/09/2010
Q. I recently heard that same-sex domestic partners of employees are now eligible for the long-term care insurance. Is that true?

How do we know if we must pay interns?

07/09/2010
Q. Our company would like to hire interns to work in our office this fall, but we’re not sure if we have to pay them. What are some guidelines as to whether or not we need to put them on the payroll?