HRforME

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HRforME
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  • Yes they can, vacation balances and usage are up to the employer's policy.  Some do look at how many other hours you work in a week and others do not.  If you were trying to work so as to not have to use a vacation day, it would have been better to …
  • I agree that we don't have enough info to know for sure, but it is something that the OP should know about to see if it does fit his/her set of circumstances.  It could be that her absences are not foreseeable.  If she has been on FMLA for a while, …
  • You have the right to transfer her to another equivalent position....see regulations below:  825.204 of FMLA regulations: (a) Transfer or reassignment . If an employee needs intermittent leave or leave on a reduced leave schedule that is foreseeable…
  • What state are you in? Not all states require any breaks at all.  You are correct in the fact that if they are shorter than a specific duration, they must be paid. Unless your state requires breaks, then your policy is fine.  Absent that, you are no…
    in breaks Comment by HRforME August 2012
  • I would require a doctor fill out documentation as if he had put you on notice of an ADA reasonable accommodation.  The law requires an interactive process of the employee giving the employer medical information and together finding a reasonable acc…
  • I would keep them for terminated employees for 2-3 years after they terminate or 2-3 years after their last paycheck was direct deposited. Why? Because that is the general standard on any payroll related documents that are used to backup pay actions…
  • Google "employer I-9 handbook" to get to the official USCIS report and look at question 33 on page 43 .  That is what i have done in the past.  If it was an ex-employee and there was no documentation, I put a note on that too.   As for the documenta…
    in I-9 Help! Comment by HRforME July 2012
  • We are in the gym/fitness environment and here is our "non fraternization policy" for employees.....  "In order to avoid conflicts, misunderstandings, complaints of favoritism, problems of supervision, security, morale, and possible claims of sexua…
  • The thought by the EEOC is that it could lead to disparate impact. For example, are those with degrees all men and those without all women?  The EEOC has a Informal Discussion Letter that concerns the requirement for a Masters degree that states: …
  • Is the WC insurance carrier currently making up the difference in wages (from 5 hours to 8 hours each day)? If so, I would contact the rep assigned to make sure they were continuing to pay lost wages and how they wanted you to handle the holiday.  I…
  • Agree with the others. Unless you know there are serious problems in your current I-9s, there is no reason to re-certify everyone.   There is also an I-9 handbook out of the web....www dot uscis.gov/files/form/m-274 dot pdf...change the dot to an a…
  • I have found that if you have too many voluntary benefits, depending on the cost, participation can suffer in many of them.  We provide the basics -- medical, dental, life, STD/LTD, etc and feel that our employees can generally find the others outsi…
  • There is no "best"...each cover letter should be tailored to the specific company and specific job posting. To have a standard cover letter is the worst thing you could do. Plus this sounds like a homework assignment seeing that all four cover lette…
  • To me it is important during the hiring process and helps set standards and expectations. You do have to be careful about using the "with or without reasonable accommodations" so that you don't run afoul ADA. And you do need to vet these to make sur…
  • Each state has it's own version of NCAs and often some are even non-enforceable based on state law no matter what the employer writes. I would strongly suggest taking yours to a local attorney who specializes in employment law to see where it stands…
  • Gonna brainstorm a bit.... Whenever an employee asks, we look at their length of service, performance, loyalty, etc and job duties/position and try to accommodate them based on those. You state she is "critical to the practice" and "wonderful" but t…
  • Unless there is a business reason to be talking about race or describing an employee by race, I don't really see the need for anyone's race to be stated verbally.  Do you normally label other employees by their race?  Could it possibly be that the …
  • Generally you can terminate if the employee refuses to sign regardless of whether they are new or not...Now that may or may not be the best business decisions.  Employers generally control the relationship, with the caveat that they must follow fede…
  • Depending on where your strengths and weaknesses are, I would suggest the following: www.benefitslink.com and their forums are great for benefits issues; if you know of specific benefits they have, I would suggest reading the plan documents and any …
  • I would strongly suggest reading up on ADA here : http://www.eeoc.gov/facts/ada17.html  It's my go to source as a small employer.   It's applicable if you have more than 15 employees. Did his doctor have a copy of the job description from the employ…
  • Your state's workers compensation laws - each state is different and there is a 49 out of 50 chance that your state is not the same as mine. So can't help you there. Federal FMLA -- if the employer and employee are eligible but generally FMLA is UNP…
  • Seems like some supervisor doesn't have enough to do!  I see nothing wrong with having them out unless she is dispensing them to other employees or they are being stolen.  You can ask her to put them in her desk, but you don't have to do so.  My on…
  • One out of the box idea --- count each day as a full vacation day since he has the four weeks. He will get full pay during those four weeks. Have him track his hours worked each week and add them back into his vacation balance up to a total of 8  pe…
  • What state are you in? You need to check to see if you can require him to use all paid time off prior to using unpaid. Most states allow for it, but there are a few that allow the employee to have the choice (CA for one).  That is our policy because…
  • I am not sure you have any ability to change the course of this because USERRA is VERY strong protection for him. But I am going to link you to a good site regarding USERRA: http://www.military.com/benefits/content/military-legal-matters/userra/user…
  • "An employee's FMLA right to be returned to the same or an equivalent position is not absolute. The FMLA recognizes that an employee has no greater right to reinstatement or to other benefits and conditions of employment then if the employee had bee…
    in FMLA Comment by HRforME February 2012
  • In the past, I set up a calculator where I was able to enter to two jobs' compensation ranges and then the % of time expected to be in each and that gave me a combined salary range.  And we have a lot of employees who wear lots of hats.  In the end,…
  • I would be checking with your claims adjuster/insurance company.  It might just depend on the circumstances and state WC law
  • Some state wage laws allow for it and others do not, so you would need to check your specific state wage law. Look for "voluntary wage deductions" along with your state's name in Google. You definitely would want a contract and some type of employee…
  • I would also make sure to tell all of the employees that (1) very little can be done regarding anonymous complaints and (2) reinforce the proper complaint process to all employees and make sure it is truly available to be used.  I don't think trying…