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

Leave

Time out! Who’s taking holidays when in 2010?

12/22/2009

As the New Year approaches, it’s time to pull out your calendar and compare the paid holidays you’ve got planned with those of your HR counterparts across the nation. Most employers recently told SHRM that their 2010 schedules will look a lot like 2009’s—with one exception.

Congress is considering five paid sick days for H1N1 exiles

12/11/2009

H.R. 3991 would guarantee workers with contagious diseases, such as the H1N1 flu virus, up to five paid sick days if their employer “directs” or “advises” them to stay home or go home due to the illness.

What are the new FMLA military leave protections?

12/11/2009

Q. I understand that the FMLA military leave rights have been expanded. Can my employees request leave to care for a family member who is a veteran undergoing medical treatment?

What to do when execs undermine your HR policies

12/10/2009

Q. “For years, we’ve granted two employees—a married couple—extra unpaid leave for vacations. We recently notified employees that additional time off would no longer be given. But the owner sees no problem making an exception for this couple, even while other employees have to live with the new rule. How should I handle this?” Readers of The HR Specialist Forum weighed in with answers:

Insist on attendance for all—disabled or not

12/09/2009

Under the terms of the ADA, disabled employees have job protection—if they are able to perform the essential functions of their jobs, with or without accommodations. But those accommodations have to be reasonable. If you consider attendance an essential job function, courts probably won’t compel you to allow disabled employees to miss unreasonable amounts of work.

After FMLA leave, don’t presume future needs

12/09/2009

Here’s a problem to warn supervisors and managers about: When an employee with a disability returns from FMLA leave, don’t assume she can’t do her job or will need more time off. If or when the time comes, then you can decide how to handle time off. Until then, assume all is well.

How should we count FMLA leave when both parents work for the same company?

12/09/2009

Q. Our company employs a husband and his wife in different departments. Their daughter has been diagnosed with a serious medical condition that requires hospitalization for extended periods of time. The couple wants to know how much time they are entitled to under the FMLA to care for their child. Our company policy provides that spouses employed by the company can get only a combined total of 12 weeks to care for a sick child. Is that a correct application of the law, or does the FMLA prevent us from implementing such a policy?

Tell those on FMLA leave: No working from home

12/08/2009

Because FMLA leave is an entitlement, employers aren’t allowed to interfere with it. Interference can include things like requiring employees to perform work during their leave. That’s why it’s important to make arrangements for getting work done without requiring assistance from the employee on leave.

Can we cap how much vacation can accrue?

12/04/2009

Q. Our vacation policy caps the amount of vacation employees can earn at 250 hours. Employees can’t earn any more until the vacation balance falls below that level. Does this violate California’s law on accruing vacation?

Congress passes new law expanding family medical military leave

12/03/2009

Just when you thought you had implemented all the necessary changes to your family- and military-leave policies, the law has again changed. On Oct. 28, President Obama signed the National Defense Authorization Act (NDAA) for the 2010 fiscal year, which includes provisions that expand the military leave entitlements of the FMLA.