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

Leave

Involvement, not psychic ability, is your duty under the ADA

09/01/2003
When it comes to establishing “reasonable accommodations” for disabled employees, the Americans with Disabilities Act (ADA) puts the burden squarely on employees’ shoulders to speak up about their needs for accommodation. …

Too small for FMLA? Think again; you may be an ‘integrated employer’

09/01/2003
If your company has fewer than 50 workers, yet is somehow linked to another employer or location, you may incorrectly believe that you don’t need to comply with …

FMLA doesn’t apply to workers who try to deceive you

09/01/2003
If you discover that one of your employees has either misused or lied about his leave under the Family and Medical Leave Act (FMLA), you’re well within your rights to fire …

Incremental vacation time is legal, but not best option

09/01/2003

Q. We have salaried, exempt employees who take increments of vacation time (anywhere from one hour to seven hours at a time) instead of one full day. Is this legal? Or should they take only full-day vacation? —C.D., New Jersey

Too small for FMLA? Don’t be too sure

09/01/2003
Issue: Even if it employs fewer than 50 people, your organization could be subject to FMLA compliance.
Risk: Being affiliated with another organization could mean that, together, the two organizations …

Ask on-Leave employees to tell you when they’ll return

09/01/2003

Q. Is it legal to require that employees on FMLA leave report to us regularly on their plans to return to work? —P.R., New York

Different vacation policies are legal if done fairly

08/01/2003

Q. We are rewriting our vacation pay policy. Currently, we have two categories of hourly employees. Can we offer 10 vacation days after two years to some employees and five days for the same period to other employees? Can we offer different benefits to salaried and hourly employees? —S.P., Washington

Indefinite leave is not a ‘reasonable accommodation’

08/01/2003
Issue: How long must you accommodate medical-related leaves of absence?
Benefit: Court rulings give you legal backing to draw a line in the calendar.
Action: Don’t let employees …

Behavior change can spark FMLA notice

07/01/2003
Perk up if an employee’s spotless performance suddenly deteriorates. That alone, even if the employee never mentions a word about a health condition, …

Stop FMLA moonlighters with strict ‘no moonlighting on leave’ policy

07/01/2003
It seems crazy that your employees can use their allotted 12 weeks of annual job-protected leave under the Family and Medical Leave Act (FMLA) to work at a second job. But …