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Compensation & Benefits

A few bright spots in an otherwise bleak economy

12/04/2008

One piece of reassuring economic news for North Carolina state workers: The pension kitty is fully funded and continues to outperform other government pension funds, despite a bleak economic year.

Can we charge higher premiums for smokers’ health insurance?

12/04/2008

Q. I know North Carolina has a smokers’ rights law. Does this law, or any other law, prevent our company from charging smokers and nonsmokers different group health insurance premiums?

Lufkin Industries workers ratify 3-year labor contract

12/04/2008

Members of three unions recently ratified a new three-year contract with Lufkin Industries. The agreement will give 1,200 workers at five Texas plants wage increases totaling 11% over the term of the contract.

Are we responsible for repairing employee’s car damaged on company time?

12/04/2008

Q. Are employers responsible for fixing an employee’s car if it is involved in an accident while traveling to conduct company business on company time?

Document absences, and excuses, too

12/04/2008

One of the best ways to win lawsuits at the earliest stages is to have ready a treasure trove of documents showing your decision about an employee was fair, impartial and reasonable. For example, for employees with absenteeism problems, document every absence.

Facility shutdown, vacation and unemployment

12/04/2008

Q. Our facility shuts down for two weeks at the end of the year, and we send most employees home without pay during that time. This is the only vacation time available to the employees sent home. Are those employees eligible for unemployment compensation during the furlough?

How should we handle time off for workers who are emergency volunteers?

12/04/2008

Q. Several employees at our manufacturing facility on the coast are volunteer firefighters and medics. What obligations do we have to those employees who have to miss work to respond to a hurricane or other emergencies?

Don’t delay paperwork for FMLA leave

12/04/2008

Act fast if you require employees to furnish medical certification for requested time off. Delaying sending the forms may in itself constitute interference with an employee’s right to take FMLA leave.

Track managers’ deviation from rules to ensure there’s no hidden discrimination

12/04/2008

Here’s a problem you might never see coming: A supervisor who harbors resentment against a subordinate because of her protected classification decides to hold her to the letter of the law when it comes to a benefit such as FMLA leave. Meanwhile, other employees get preferential treatment, such as additional unpaid leave after their FMLA leave expires …

If an employee’s loved one dies, can he use FMLA leave to settle estate affairs?

12/04/2008

Q. One of our employees has been out on FMLA leave for seven weeks taking care of his sick mother in another state. We approved a full 12 weeks of leave. I received a voice mail from him saying that his mother died. He also said that he had to clear up a lot of things with his mother’s estate, but that he would be back by the end of his scheduled leave. Can he do that, or can I tell him he needs to come back sooner?