Brad Forrister
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- Brad Forrister
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One more caveat: If she has missed time before the baby arrived, for doctor's visits or morning sickness or any incapacitating medical condition, that time can also be considered FMLA time - so in effect, you deduct them from the total 12 weeks. Y…
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While employees can request FMLA leave, designation of leave as being covered by FMLA is a decision for the employer, not the employee. Our Special Report on FMLA has a pretty good section on this. I think the proper result might be to designate…
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Two or three points - * You should be able to require a second opinion on her need to stay home. There's a procedure for this under FMLA, although this is really a contract issue in your case. * If she's starting to be out at 9 1/2 weeks, you can…
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There have been some cases testing whether carpal tunnel qualifies for FMLA. Generally, the courts seem to say that it CAN qualify but doesn't always. If your employee is able to work with carpal tunnel, chances are good that FMLA won't apply. …
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Thanks for the plug, NaeNae55. If you're a member, you can find that report in its entirety by logging in (click on Login in the upper right hand corner of the home page), then clicking on FMLA in the Special Reports section. Brad Forrister Direc…
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An employee doesn't generally accrue sick or vacation days during the FMLA leave. I don't think that general rule would change just because you (apparently) have a policy of awarding these days on anniversary dates, rather than accruing them throug…
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Whether to designate leave as FMLA leave is up to the employer, not the employee. And you can designate paid workers' comp leave as FMLA leave, assuming it meets the FMLA tests. Here's an excerpt from our Arkansas Employment Law Letter: According…
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This falls under the "intermittent leave" provision of FMLA, which carries with it a requirement that the employee attempt to schedule doctor visits, etc., to avoid disrupting the employer's operations. So assuming you're right that there's no medi…
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If you do end up needing to purchase something, there are several inexpensive white noise generators, including clock radios with a white noise feature. My daughter has one made by Timex. We once had a proofreader who required white noise for con…
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Due to a glitch in the system, Peyton Irby's message got posted multiple times. I combined the responses. Hope this clears up any confusion. Brad Forrister VP/Content M. Lee Smith Publishers
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I-9s are required only for individuals who perform services in return for wages or other reimbursement. They aren't required of volunteers. But if you've ever paid the person anything, you might be required to get an I-9. I've seen at least one c…
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You can also find out how the Washington Employment Law Letter covered it - go to the subscribers area, click on the HR Answer Engine, limit the state to Washington, and type in Microsoft. You might add permatemps as a search term. Brad Forrister …
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The real reason we celebrate Talk Like a Pirate Day is that it falls on my birthday. Brad Forrister VP/Content M. Lee Smith Publishers
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Yes indeedy, our latest HR Executive Special Report is on telecommuting. It does deal with management issues, including the planning part and the important determination of who's a good candidate for telecommuting. [url]http://www.hrhero.com/spe…
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I'd see two kinds of risk - the risk of doing harm, and the risk of legal liability. As to the former, the risk would probably come from having someone do it who's not trained. If you're contemplating training, that problem is certainly lessened. …
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But remember that some of the EEOC's ADA examples in its guidances are employees with migraines. So at least those with severe migraines are certainly covered. And wouldn't you have a hard time saying you hadn't treated her as disabled if you've h…
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There's a great article on it in the Subscribers Area. Go into the HR Answer Engine, type in noncompete agreements. There was a legislative attempt to limit them in 2004, but it died. The article is from June 2003. Brad Forrister VP/Content M. L…
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In fact, if she's been hospitalized for this several times, FMLA always applied, and you could have had the clock running long ago. Also, I'd be careful about terminating her for failure to call in while she's hospitalized for depression. I can't …
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Here's what our July 2005 survey on paid leave said: Does your company offer paid time off while employees are serving on jury duty? Yes, for a limited time while serving on jury duty 1354 43% Yes, for an unlimited time while serving on jury du…
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Click on the Login button at the top of the home page, and enter your Subscribers Area ID and password (which may not be the same as your Forum ID & password, depending on how you set it up). In the subscribers area, the HR Answer Engine link i…
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I disagree. Doing an occasional mini-audit is a good exercise for any HR department, and is especially helpful if you're coming in new. For a full-fledged employment law audit, you might check with your employment law firm. For an in-house version…
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No, this question was posted twice - once here, once under Wage & Hour. You responded to the latter. You also asked this question there: "I admit to being a bit unclear about what to do if the leave banks have been reduced to zero and addition…
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I think you're on shaky ground if you try to get away without paying for the time. And I think it would be pretty easy to distinguish picnics and golf outings from a company meeting about your strategic plans. Brad Forrister VP/Content M. Lee Sm…
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You've gotten some good responses from others, but just to reiterate a couple of things: A policy that discourages complaining is a very bad idea, because it would almost certainly run afoul of the Protected Concerted Activity guarantees of the NLR…
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We've had some discussions with a company called Next Knowledge that has a very nice system for the kind of thing you're talking about. They've got some easy-to-use templates that allow you to create the courses very rapidly and with very little te…
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I've got to agree with E Wart & Pork. If one of these drivers not on the list has an accident while on company business, not reimbursing their mileage is the least of your problems. If you're trying to manage your insurance costs with a driver…
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I'd say you can't take their job away to begin with. This is available in the HR Answer Engine in the subscribers area. KS 43-173 (a) No employer shall discharge or threaten to discharge any permanent employee by reason of such employee's jury s…
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Several of our newsletters wrote about this case. Here's a representative article: [url]http://search.mleesmith.com/cgi-bin/starfinder/0?path=empstoryfast.txt&id=empfast&pass=&format=wstory&search=42260[/url] Brad Forrister VP/Cont…
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Several of the state newsletters have written about it or are in the process of doing so. Here's a link to one article: http://search.mleesmith.com/cgi-bin/starfinder/0?path=empstoryfast.txt&id=empfast&pass=&format=wstory&search=64…
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Settlements of anything are generally hard to report, because the parties don't have to reveal the details and usually don't have motivation to do so. Brad Forrister VP/Content M. Lee Smith Publishers