HRforME
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We administer our vacation plan a bit differently. The employee starts a bank with a full years' vacation at 1/1. (New hires banks are prorated through the end of the year). Employees are allowed to take time off as needed. If one should terminat…
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I would not suggest having any company doctor fill out the paperwork if the reason is not work-related. Because WC and FMLA information is not covered by HIPAA but general medical claims are covered....and I am not sure you want to get into the HIP…
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Here's an article dated in March 2007 regarding FMLA/unpaid time and SDI: http://www.fenwick.com/docstore/Publications/Employment/EB_03-12-07.pdf "Employee Receiving Disability Pay During FMLA Leave Not Required to Substitute PTO For Unpaid FMLA Lea…
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It is my understanding (and I don't know a whole lot about CA state laws) that you can not force an employee to take paid time off in California under SDI (You can require use of up to two weeks of earned but unused vacation time under PFL though). …
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I would contact legal counsel before doing any further termination. You didn't really state what the complaint/issue was. It will be VERY dependent upon that. From http://jobsearchtech.about.com/cs/labor_laws/a/whistle_blower.htm, "Under U.S. l…
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Is the employee eligible for FMLA or any state version of protected medical leave? If so, you would have to cover him/her for a minimum of 12 weeks as long as he/she continues to pay their part of any normal premium. What state are you in? WC laws…
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It does sound like the company decided to pick and choose when they were going to have her as a contractor and when as an employee. But I've never seen a 401k plan that allows contractors to participate. And the whole part of triple medical costs …
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ETA: I do agree that she is an employee due to the details of the post and therefore would be covered by ADA, FMLA (if there were enough total employees for the employer to be covered), Title VII and other employment laws. It is hard to say without…
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Are you a food service facility? From:http://www.state.il.us/agency/idol/Posters/poster.htm: EMERGENCY CARE FOR CHOKING The poster explains emergency care for conscious and unconscious choking victims. It has a place to list an emergency pho…
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(1) Is the employee the head of the household? If so, Florida does not allow for garnishments. (2) From federal laws, you must make sure that by taking the deduction, you do not drop below minimum wage (3) It is my understanding that you would still…
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In further research, I found this: "...Finally, you question whether the owner of the client company would be counted for the 50-employee threshold test for the FMLA coverage. The answer to this question is fact specific and dependent upon whether …
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I have been reading up on this too, since we are also getting close. I have not found anything to confirm that statement. The best place to go is back to the Regulations. Start at 29 CFR 825.104: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825…
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It is going to depend on the value of the certification itself. Obviously a CPA is worth much more than say a CFP (Cert Financial Planner) and is much harder to obtain. That said, I would look at the differences in the market for accountants with a …
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I agree with the others that no extra wages are required (unless it causes them to go over 40 worked hours in their workweek). Actually the employer doesn't even legally have to give the holiday on another day. That said, when we had to work Good…
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Personally, I would not respond until you get the court-ordered garnishment. I don't know about Florida wage laws, but from searching it looks like they follow the federal garnishment laws. Also found that Florida doesn't allow for garnishments fro…
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And also, you do not know the circumstances that precipitated the policy. I find most employer policies are reactive rather than proactive when it comes to policies. I strongly suspect they were reacting to the misuse of break times. I have to a…
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Meal and break times are dependent on state laws. Many states have no laws requiring either. Therefore, most are dependent on employer policy. And as long as the employer is paying non-exempt employees for any breaks that are less than 20 minutes,…
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As long as the data in is good....i.e. someone is looking at what is truly taxable, I prefer to run it through payroll -- especially the taxable part -- at the time of reimbursement rather than reimbursing through accounting and then having to tax n…
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From a 401k plan perspective, it is going to depend on how the plan document is written. However, general practice is to calculate and fund the match as you go along through the year. But the employer legally can wait to do the match until year end…
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There is the CEBS program out of the University of Pennsylvania Wharton School of Business. The CEBS designation is the big one, with other subset ones like CMS (Compensation Management Specialist). I know there are others under the CEBS umbrella,…
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Nope, not an HSA...the main differences between the two plans are the deductibles/oop expenses. They would rather pay less each month on the chance that they won't meet the ded/oop. It was an interesting result...but then again, they tend to take m…
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You have make sure that benefits don't favor highly compensated/key employees IF the plan is qualified (i.e. Section 125/401k/etc) for tax advantages (i.e. both the employer and employee get pretax deductions). I just did our testing for our Secti…
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Agree on paying the higher rate. Look at it this way...how much difference could it be? I am suspecting less than $10. I can just imagine the headache of this person complaining if you paid the lower rate. Not worth the difference! I would be tha…
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To my knowledge, CA is one of the few states that allows for stress claims to fall under WC. If you have to temporarily change supervisors for business needs, I would document well -- both internally and to the employee that this supervisory relat…
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I don't know a lot about CA WC laws...but I would be careful of ADA claims. That is if you allow for an accommodation of a temporary supervisior, could this employee come back later and argue under ADA (assuming the stress/anxiety rises to the leve…
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I agree the best practice for compiling job descriptions falls between the manager of the position and HR. Generally we also have employees/applicants read over the JD so they understand the position at the time of hire and then later if changes ar…
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You need to address the attendance and performance issues WITHOUT making any assumptions on drug usage. If you make assumptions, that could inadvertently bring this person under ADA when they normally would not be. Discipline her for attendance and …
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I agree with TXHRGuy. The safest thing is to give the protection (and non-retaliation) without subtracting it from his FMLA bank. I also agree that the Ragsdale situation hasn't totally been played out in all the different circuit courts or in the…
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You need to also check with your insurance carrier. Some have minimum standards such as eligibility based upon hours worked. It might possibly skew (either positively or negatively) your renewal rates depending on the population if you are group-r…