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

Leave

Plymouth House nursing home slammed for ‘bad faith’

04/22/2009

A federal jury has awarded $74,000 to Melissa Brown, a former food service director at Plymouth House nursing home in Plymouth Meeting, after the contractor employing her dismissed her when she sought maternity leave. But that was just the beginning …

How often can we request medical information from a chronically absent employee?

04/22/2009

Q. If an employee constantly calls in sick because of migraine headaches, how can we verify the real reason for the absences? Can we ask for information each time the employee is absent?

Vacation, PTO and unexpected Saturday work: How should we pay?

04/22/2009

Q. We have a nonexempt salaried employee who normally works Monday through Friday. We pay her biweekly. She took a weeklong vacation, which normally would come out of her paid time off (PTO) bank. We had a customer emergency and called her into work on the Saturday of her vacation week. How should we pay her? …

Turn Gen Y’s ‘unreasonable’ requests into a negotiating tool

04/21/2009

The two biggest comp and benefits myths about Generation Y employees—your youngest workers—are that they don’t care about money … and that they care only about money. They want more than that. In fact, they want way more. Use their demands as a negotiating tool, and watch the productivity of these young, tech-savvy go-getters soar in response.

Train managers on new FMLA regulations

04/20/2009

New FMLA regulations went into effect in January. Now is an excellent time to offer everyone in management a refresher course in what the FMLA requires. If managers remain ignorant of the new rules—or the old ones still in place—you increase the risk that an employee will charge them with willful violations.

Tell supervisors: Enforce attendance rules equally—or prepare for court

04/20/2009

If your organization uses progressive discipline to enforce your attendance policy, caution supervisors against making exceptions for some employees unless it’s clear the absence shouldn’t have been counted against them (for example, the absence was an FMLA-related reason or part of an approved ADA accommodation).

How much FMLA leave for unwed parents?

04/20/2009

Q. We employ the unwed parents of a newborn child. They have requested FMLA leave to care for their child after birth. Both parents are eligible for leave, but we would like to limit their leave to a combined total of 12 weeks during the 12-month leave period. Can two parents of the same newborn be limited to a combined total of 12 weeks of leave under the FMLA?

Furlough days switched from scheduled to floating days

04/17/2009

On March 6, the state announced that, with the enactment of the 2009 state budget, mandatory furloughs previously imposed on state employees will change to floating furlough days.

Employers aren’t required to offer intermittent FMLA leave for birth, adoptions

04/17/2009

If an employee is taking FMLA leave to care for a newborn or to adopt a child, you can require the person to take any planned FMLA leave in one session. FMLA intermittent leave is not guaranteed for birth and adoption the way it is for other serious conditions that require periodic care.

The impact of partial-day absences on exempt status

04/17/2009

Q. We have a policy that allows exempt employees to take partial days off and have the balance of the day charged against their accrued vacation time in two-hour increments. I have concerns that this arrangement—despite the fact the exempt employees are getting their full salaries—could appear that they’re being treated as hourly employees, thus jeopardizing their FLSA exemption status.