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Employment Law

FMLA: ‘Serious Health Condition’ Defined

02/18/2009

HR Law 101: The FMLA defines a “serious health condition” as an illness, injury, impairment, or physical or mental condition that involves one of the following: hospital care, absence plus treatment, pregnancy, chronic conditions requiring treatments, permanent/long-term conditions requiring supervision, or multiple treatments (non-chronic conditions).

The safest way to handle calls for references and recommendations

02/17/2009

As the economy shrinks, unemployment is growing in New York and throughout the country. If your organization plans to lay off workers or already has, brace yourself. Lots of former employees are going to list you and your managers as references when they seek new jobs. That means it’s time to make sure you have policies in place on how to handle reference-check calls.

4 steps to bullet-proof your employee handbook

02/17/2009

Your employee handbook can be a helpful reference providing needed information, or it can turn into a weapon that employees and their attorneys can use against you in court. The choice is yours. Follow these four steps to make sure your handbook works for you, not against you.

Stamp out harassing behavior across the company

02/12/2009

When it comes to hateful and discriminatory speech and behavior, it makes no difference whether the conduct happens in the boardroom or on the factory floor. That’s why you should train everyone—from those in the executive suite to those working in the field—on your harassment policy.

Tell bosses: No comments on insurance cost, age

02/12/2009

Remind all managers and supervisors to keep any thoughts on insurance costs to themselves. If older employees end up being disproportionally affected by a reduction in force, any comments on insuring older employees may come back to haunt you.

Cite specific reasons for disciplining every employee who breaks company rules

02/12/2009

When it comes to disciplining employees, one size almost never fits all. An individual approach—one that considers the very specific circumstances that led to the discipline—is usually best.

Remind employees: Honesty required when applying for health insurance benefits

02/12/2009

Remind employees that they must be honest when filling out insurance sign-up forms. Otherwise, they—and your company—may be sued later to recover the medical costs associated with undisclosed pre-existing conditions. That could cost everyone far more than the premiums saved by not disclosing medical conditions.

Heading to bargaining table? Review contract language before changing benefits

02/12/2009

If your organization has a collective-bargaining agreement with a union, make sure you check with counsel before you make any changes to benefits. In some cases, promises made in past contracts—such as a promise to provide retiree health benefits—may be a binding, vested promise that cannot be undone, at least for those who have already qualified.

Last-chance agreements put employers on sure footing

02/12/2009

If you offer last-chance agreements instead of immediately firing employees, you can impose seemingly draconian measures without worrying about a lawsuit. If you later terminate an employee for violating agreement terms, most courts will take your side.

Ohio EEO official’s motto: ‘Do as I say, not as I do’

02/12/2009

The Ohio Department of Transportation’s equal employment opportunity contracts coordinator, responsible for making sure agency vendors comply with state and federal anti-discrimination laws, has been punished for sending racist and sexist messages through the agency’s e-mail system.