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

Compensation & Benefits

Is it time to overhaul your vacation policies?

08/07/2009

Take a look around your workplace. How many of your co-workers spent all summer right there at their stations? Maybe they took a long weekend or two, but otherwise they showed up day in and day out. It might be time to make those drudges get out and go on vacation.

FMLA trap to avoid: Dodging the coverage-by-estoppel bullet

08/07/2009

Employers have to meet thresholds before they’re required to comply with most statutes. For example, the FMLA applies only to organizations that employ 50 or more employees within 75 miles. But smaller employers can effectively render themselves covered by the FMLA if they make certain representations about FMLA coverage to their employees. If they say the FMLA applies, then it does. That’s commonly referred to as coverage-by-estoppel.

Does the FMLA cover intermittent leave for in vitro fertilization?

08/07/2009

Q. One of my employees has informed me that she is about to begin undergoing in vitro fertilization (IVF) treatments. She requested some intermittent time off from work. Am I required to grant her request?

Can FMLA absences count against an employee’s attendance bonus?

08/07/2009

Q. We provide a perfect-attendance bonus to any employee who is not absent or tardy during the calendar year. If an employee’s only missed time is for a medical leave of absence, does the FMLA require us to nevertheless provide the perfect-attendance bonus?

From across the pond: British firm pays for ‘Botox leave’

08/07/2009

So many employees of Fox Kalomaski were taking leave for “beauty treatments” that the London-based advertising agency added an extra paid day off—and execs there call it “Botox leave.” The day off happens in December, says the managing director, who speculates employees need time to “make sure they’re looking their best for the Christmas party photos.”

Uncle Sam assumes Delphi’s pension obligations

08/07/2009

In a complicated settlement, the Pension Guaranty Benefit Corporation (PGBC) has assumed the pension obligations of auto parts manufacturer Delphi Corp., formerly owned by General Motors. Delphi, which recently closed plants in Ohio and other states, has been in bankruptcy the past four years. However, it has continued to make pension contributions.

Beware long suspensions, even with pay! They could be adverse employment actions

08/07/2009

Traditionally, a temporary suspension with full pay hasn’t been deemed an adverse employment action, mainly because courts want to give employers time to determine what an appropriate disciplinary action might be. But if the employer extends that suspension or turns it into a transfer to a no-duties position, courts may take that into consideration.

Any problem firing employee who wants her exempt classification changed?

08/07/2009

Q. We have an employee whom we have classified as exempt, but wants to be classified as nonexempt and earn overtime. Frankly, she’s become a pain about the whole thing. Can we just fire her?

New moms can bring baby to work at Pittsburgh firm

08/07/2009

New moms who work for Maya Design in Pittsburgh don’t have to worry about child care for their hard-to-place infants, at least for six months after they give birth. They can tote the tots to work. The consulting firm and technology research lab welcomes infants through its Babies in the Workplace program.

Don’t think a successful workers’ comp case lets you off the ADA accommodation hook

08/06/2009

Employees who are disabled after an injury on the job often apply for workers’ compensation. Receiving those benefits, however, isn’t a bar to asserting ADA and state disability claims, as a federal court hearing a New York case recently concluded.