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Employment Law

Does FMLA require leave to care for grandchildren?

05/01/2007

Q. The out-of-town daughter of our employee has been confined to bed rest during her pregnancy. The daughter is 24. Our employee has requested FMLA leave to be with her and take care of the grandchildren. Are we required to honor this request?—J.B.

Status of Domestic-Partner Benefits in Michigan

05/01/2007

Q. In November 2006, Michigan passed a constitutional amendment that prohibits the state from recognizing non-marital unions. We have employees who are seeking health insurance benefits for their domestic partners, who are of the same sex. Does the Michigan constitution preclude us from agreeing to provide health insurance for our employees and their domestic partners?—L.S.

Failing to follow call-in rules doesn’t void FMLA claims

05/01/2007

You probably have a policy requiring employees to call in when they need time off to deal with health issues or face termination for abandoning their jobs. But don’t expect your procedure to trump the FMLA …

Beyond business need, show why individuals got sacked

05/01/2007

Reductions in force (RIFs) happen for a reason—usually financial. To keep legal fees and jury awards from mooting savings, be sure to document why a RIF is necessary and who should get pink slips …

Require Early Clock-In? Allow Early Clock-Out, or Pay

05/01/2007

Do you require hourly employees to clock in a few minutes before they start their shifts to make sure they’re ready to work? If you don’t start paying at that time, you’d better allow an early clock-out …

When planning a layoff, use a checklist to avoid needless age bias litigation

05/01/2007

If an upcoming reduction in force (RIF) will affect older workers, create a paper trail to demonstrate compliance with the Older Workers Benefit Protection Act …

Ignoring discrimination policy may lead to punitive damages

05/01/2007

Train supervisors and managers to report religious and other discrimination, and be sure they know not to retaliate against anyone who does come forward. Ohio state law bars discrimination based on religion and other protected characteristics, and employees who can show they were discriminated against can collect punitive damages …

Injury that occurs on way to time clock is covered by workers’ comp

05/01/2007

If you haven’t checked for obstructions, hazards or other safety problems around the company time clock or on the way to it, you should. Check the lunchroom for hazards, too. Ohio’s workers’ compensation law covers employees who are injured while on their way to clock in or out, or while on unpaid breaks or at lunch …

Turns out, what you don’t say can hurt you

05/01/2007

Boston-based IT services provider Keane Inc. faces a discrimination suit because of what a manager didn’t say when an employee announced she was pregnant with twins …   

Third time’s the charm: KeyBank teller headed to court

05/01/2007

A former bank teller is suing Cleveland-based KeyBank after she was robbed at gunpoint three times while working in the company’s Ellet branch. After the last robbery, she claims she was forced to quit due to severe emotional distress …