HRLASS

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HRLASS
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  • This is the way I had interpreted the section of the new FLSA regulations quoted above. (Don, note "generally applicable written policy" stated 2-3 times.) However, I have an additional question. We have written policies relating to sexual harassm…
  • Quit / constructive discharge. Doesn't sound like anyone's going to come out of this one looking good. You could have fired her for insubordination, but under the circumstances it doesn't sound like it's going to be that clean. It could easily be …
  • The Fair Labor Standards Act does not require breaks. I do not know what your state statutes might require.
  • I second LarryC re sending a copy of the job description to the dr. with the simple question. I think the ADA issue needs more info, however. Even if the wheelchair situation isn't permanent, in some long term situations, some venues have held th…
  • I don't see this as ADA either. These are performance issues and along with those already mentioned, if she voluntarily took call and then didn't respond for the weekend, that's borderline job abandonment. As long as your practices for dealing with …
    in ADA Comment by HRLASS July 2005
  • "We're back to wait-and-see on his health"??? I don't think so. Even if the last thing he did MAY have been positive/helpful, you still have a problem on your hands that isn't going away. "Hot head...puts his spin on things... questionable work pra…
  • I can think of two situations we've had like this in our company - one with and one without the disability issues. My two cents: terminate; ignore any physical issues you haven't been informed of by the employee BEFORE the meeting; don't worry abou…
  • For any employee who becomes ill at work, I would hope someone would offer some kind of assistance - a chair, glass of water, etc. It is also common for someone to offer a drink or food; those offers are not related to any specific medical condition…
  • I refer you back to my previous response and the way our office differentiates, but in your own words, it's the intermittent - "instances of almost unannounced or questionable absences that occur sporadically and that you cannot have recertification…
  • I checked "Other" as for us, the problem is also tracking intermittent leave. For many that may be considered "chronic", but those two terms are considered separately when we discuss difficulty in tracking leave. The best way to describe it would b…
  • My first problem is why does "everyone" have a key? This seems like a liability. In a place I worked several years ago we had a non-exempt employee with a key who would come in to do some extra "work" on the weekend. Then one weekend I showed up to …
  • About a decade ago I was in advertising for a city newspaper. As the paper publishes every day, 24/7 weekends and holidays included, vacations were always a sensitive issue. They did grant vacations with seniority priority, however, one thing they c…
  • Congratulations!
  • Sounds like good preparation from my experience.
  • In general, we follow the procedures outlined by Gillian3 and Livindon.. At the hearing we present the relevant Company policies and acknowledgements, as relevant. In the case of a voluntary quit, we try to get a written letter of resignation that c…
  • We currently do allow shorts in the office in limited situations. 1) The Customer Service internal call center - but they are supposed to be of reasonable length - generally described as bermuda shorts. 2) Customer Service meter readers in the field…
    in Dress Code Comment by HRLASS June 2005
  • Our policy is that the count starts over when the employee has returned to work (after the 2 weeks re your scenario). However, once all available leave has been used, unless we have been notified of a possible ADA condition, the absences are dealt …
  • Last night they announced that an EAP counselor will be here on Monday for everyone to get together and talk about Sue. The department is lagging and having trouble working with constant conversations about sue in offices and in the hall. She had a…
  • Yes, our department support staff feels terrible that no one noticed her absence. We have recently had a major reorganization and about half the department has been moved off the floor to both other floors and other properties in town. Also, we have…
  • Another option which we have dealt with - We had a massive reorganization awhile ago. In some cases, employees who were being laid off were assigned temporary positions in other departments that had need of temporary assistance for a few months - g…
    in Retiring EE Comment by HRLASS June 2005
  • For what it's worth - here's my 2 cents. In general, if the applicant had not volunteered the information, most criminal background checks only go back 7 years - not 14, so you would not have known that information if she hadn't volunteered it, and …
  • I'm going to refer back to post (8), HRinFL. My understanding is that part of the process that takes place prior to surgery, and includes dress, hair, makeup and basically living the life of the sex-to-be, includes using the restroom of the sex-to-…
  • Be careful with this one. We did consider a policy to not hire employees with immigration issues - i.e. desires for H-1b sponsorship, green card sponsorship, etc. and discovered that policy or practice of elimination of immigrants (and related citi…
  • I second Livindon - find an attorney who specializes in immigration law to represent the employer - don't count on the employee's attorney. Good luck. It's a tough process.
  • As a utility (electric, gas, nuclear), we are coming under more scrutiny for security against potential terrorist actions and in anticipation of further requirements, are already looking at changing our background check policy. We do currently chec…
  • I agree with both responses. We are not currently on a PTO system. Keeping in mind that in our office any illness (usually brought in by parents with kids in daycare) goes down the hall office by office, supervisors can and do order employees home w…
    in contagious?? Comment by HRLASS June 2005
  • For an employee illness, we currently do 12 weeks of FMLA, then to long term disability. The job protection ends after FMLA and the employee has an additional 15 months to regain health and find another job within the company before termination. We…
  • marc,NV - I agree. In addition, my best French comes out when my frustration with Spanish is high (close enough for desperation communication). Yes, taking Spanish is on my "to do" list, but more to understand the jokes and conversations of my co-w…
  • Two additional comments from my original post. 1) We also have a waiver on the enrollment form which is a positive acknowledgement that the employee does not want benefits for the same reasons as mentioned by previous posters. 2)We have a large numb…
  • Considering the circumstances: 1) she has always had insurance in the past, and 2) she is out in the field with limited online access, I would not make the assumption she did not want coverage. She could have forgotten, something could have delayed…