CuriousG
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I believe that the Appeals Court ruled in cases like this that an employer can not be forced to provide a benefit beyond that required by the Act. If the employer did not meet the size requirement to be covered by the Act, then the courts ruled the…
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Under the FMLA you are entitled to have a Health Care Provider certify the need for time off. You also should consider that this may be an ADA issue. It seems lke you have several "facts" you need to verify. First is the individual's "post trauma…
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My understanding of the FMLA says that FMLA leave is to be treated just like the employee was present. The question then becomes, is the employee's attendance satisfactory when you disregard the intermittent absences for FMLA? You say this lady ha…
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I think I would want to know which of the job's essential functions this employee's compulsive gambling makes him incapable of performing? I also would require a Health Care Provider's Certificate of Need to verify that the condition, if it does f…
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Margaret-I thought the Health Care Provider Certification was supposed to cover things like this. Wouldn't DOL view a requirement for getting a physician's statement of need for every intermittent and partial absence as harassing behavior? I think…
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>Our policy states that "any accrued PTO is required to be taken >concurrently" with FMLA. It further states and any "other PTO" cannot >be used to extend the FMLA maximum. > >At January 1, we put in everyone's PTO bank the to…
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Gene Labovitz wrote: >>The employee should never be allowed to claim FMLA-medical leave leave without having the verification.
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I would agree that engaging an Employment Law Attorney would be wise in this case. The expense will be well worth it in the long run. As an HR Manager, I would want counsel on this one, especially in dealing with her attorney's activities. Your p…
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When you say "personal leave" are you speaking of your PTO program, or does your company allow Personal Leaves for various reasons? Does (or has) your employer granted any male employee personal time for any form of illness or injury, whether under…
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The appropriate federal cite is Title VII of the Civil Rights Act. The Pregancy Discrimination Act is an ammendment to Title VII. You can find a short fact sheet on the Act at [url]http://www.eeoc.gov/facts/fs-preg.html[/url]. This source states …
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You have an interesting problem. So long as the employee has not accrued any paid time off, she is consistent in her attendance, however, once she earns an accrual, she begins to miss again? How convenient for her! I agree that you should insist …
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Your reasoning is essentially correct. What is most important is that neither employee showed any sign or confessing until management discovered their cover-up. Employee #1 confessed as soon as she became aware of management's knowledge. Your pos…
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My current employer does not provide paid sick days. However, in a previous life, my employer did, and a very generous schedule I might add. Each year an employee was entitled to a specified schedule of "full-pay" and "half-pay" benefits, that gr…
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Joyce-Where is your Affirmative Action Plan? It should contain an Availability and Utilization Analysis that would define for you what your "diveristy" goals are. That is the basic purpose of the analytical side of the AAP. If you have not prepar…
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Remembe that race and gender are not the only proscribed harassment issues. If this aggressor employee is picking on individuals of other religious, ethnic or national origins you may have an issue. On the other hand, this person may just a a bona…
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One way to "encourage" this employee to consider seeking other accomodations would be to figure up the fair market value of the "residence" he has created on your site, and deduct that from his pay. FLSA allows you do this when calculaatling minimu…
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Wait a minute!! Are we assuming too much here? HR In Okla-you state >>With National Guard and Reserve troops now guarding our airports...what >>aboutthe dedicated employee who wants to continue his job duties in the hours >>he i…
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The terms Latino/Latina are the masculine and feminine forms of the spanish noun Latino. They typically refer to a man or woman whose ancestry/origins are from Latin America. This includes South and Central America, as well as the Caribean island …
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Has anyone stopped to ask whether someone told him to use that title? I once threw a fit when a Sales Associate ordered a set of business cards that said he was a Region Sales Manager. Not only was he most definitely not a region sales manager, …
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>I just scheduled an interview with a woman for a newly open position >in our company. After checking my records, I discovered we >interviewed her 1 1/2 yrs. ago when this position was previously >available. We rejected her appl…
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You have a Sexual Harassment problem, and need to act now to stop it. While the first employee may have acted in a manner that clouds the issue, you have uncovered two additional complaints about this Supervisor's behaviors. I commend you for yo…
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I have had OFCCP and EEOC EOS's take the position that interviews and interview notes are a selection "test" that the candidate must "pass" and therefore they are a formal part of the selection process. Margaret Monford has the right idea about "jo…
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[url]http://www.nhworks.state.nh.us/ucpage.htm[/url] This is the address of the New Hampshire Employment Security Commission's home page. There are resources for employers listed at this site that should answer your questions.
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That term "displayed affection" is a pretty vague one at best. Are we talking a brief hug, or peck on the check, or something more physical and sexual in nature? I would want to know when this behavior began, according to the ex-employee, and who …
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Have you contacted the local OFCCP offices in those localities and asked them to suggest sources/resources? I have had very good luck with this approach in the past. In addition, try contacting the resources you deal with currently and see if they…
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In our area there are a number of "ropes" course resources available. These are popular (with employers and employeees) for team building as they foster group decision making and cooperation while providing a "games playing" atmosphere.
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Most employers have casual dress policies like yours. They use vague terms like "dress appropriately", or "office casual wear", without defining these terms. I have worked at three employers who went through the process of adopting a "casual" dres…
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Having an employee provide a relative's address and/or phone number is no different than their providing a Post Office Box, or pager number. I have had employees provide all sorts of contact addresses and phone numbers. The thing I emphasize to the…