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Employer’s mistake doesn’t extend FMLA leave

12/01/2007

It’s not always easy to calculate exactly how much FMLA leave an employee has coming. Rest assured, though: If you make a mistake, you can fix it. Just be sure to fix it as soon as you discover the error so your mistake doesn’t harm the employee …

Can we dock sick time for exempt employees?

12/01/2007
Q. Will I risk losing an employee’s exempt status if I deduct from his or her wages for full-day absences of one or more days?

Checklist: 9 Steps to Sniffing Out Suspicious FMLA Requests

11/07/2007
Login Email Address Password I forgot my password To continue reading this page, become an HR Specialist Premium Plus member today! Your subscription includes: Ask the Attorney: Answers to your HR legal questions Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state State-by-State: Summaries of HR laws in all 50 states […]

Track mailing, receipt of any benefits-Change notification

11/01/2007

Employers that change benefits plans beware! Employees are entitled to know when their benefits will change under the Employee Retirement Income Security Act (ERISA). It’s best to make sure everyone knows about the changes before they go into effect—especially if the new plan requires the employee to do something to qualify for a benefit …

How to make sure you wind up in court: Block worker’s return from medical leave

11/01/2007

Don’t try to put up artificial barriers to discourage employees returning from medical leave. The employee probably won’t go away quietly. In fact, he may file a lawsuit alleging some form of discrimination under federal or New York employment law. What’s more, a court probably will allow a trial …

Use BLS survey data to show employees the value of benefits

11/01/2007

A new survey by the U.S. Labor Department Bureau of Labor Statistics (BLS) offers a great chance for HR pros to help employees understand the true value of their benefits. The key finding of the BLS’s National Compensation Survey  will come as no surprise: About half of the nation’s employees get health and retirement benefits through their employers. But other survey findings may provide a valuable opportunity to enlighten employees …

Xerox employees buy time off through payroll deduction

11/01/2007

Employees at Xerox can buy extra vacation time through a payroll deduction. Instead of paying for the extra vacation time all at once, employees can make weekly or monthly fixed-rate installments through payroll deductions …

You can force an eligible employee to take FMLA leave

11/01/2007

FMLA provides up to 12 weeks’ unpaid leave to eligible employees for their own or a relative’s serious health condition. Employers can run FMLA leave concurrent with other paid leave if they choose, which has the effect of running out the clock. But what if the employee has a serious health condition and doesn’t want to use up her FMLA time just yet? Can you force her to take FMLA leave? You can, as the following case shows …

Erroneous ‘ERISA’ label doesn’t rule out state regulation

11/01/2007

The Employee Retirement Income Security Act (ERISA) was created to protect employee benefits plans. It preempts state regulation of covered plans. But many states, including Ohio, have specific laws that cover other aspects of the employment relationship. Those laws still apply in many cases, even if an employer mistakenly states ERISA covers a particular benefit …

How does FMLA leave overlap with paid vacation, sick and personal leave?

11/01/2007

Q. Our employee handbook provides that employees who take FMLA leave must first use any available paid-leave time, including vacation, sick time and personal time, as part of their FMLA leave. I have recently heard that there may be limitations on an employer’s ability to require an employee to substitute his paid-leave time for unpaid FMLA leave. Can you clarify this? …