HRforME
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A third vote for seeing what resources your recordkeeper/provider has to give out. I would not personally write something. The question also becomes are you a fiduciary of the plan? i.e. someone who could be held liable for bad plan decisions? I…
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If the employer is using a calendar/fixed year choice (rather than a rolling year), the employee could qualify at the end of the 1st calendar year and then possibly at the beginning of the second for the same condition. From : http://www.dol.gov/e…
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While I agree with SubGrapHR that many companies do it that way, I would strongly suggest checking with each state that you are concerned about. It is possible that they either both allow you to not have it in there or they both require you to have …
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We have employees email time off requests. Then I track them on an Excel spreadsheet and usually I will indicate the reason if they told me. Otherwise I have their email requesting the time off.Luckily we don't have anyone abusing the amount of tim…
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If you do not want to setup a formal policy, then I would suggest addressing it via work performance issues. You state that it is starting to affect the one's work. To me, this is the perfect time to give a gentle warning about the company's expect…
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Directly from the Regs: "Records and documents relating to medical certifications,recertifications or medical histories of employees or employees' family members, created for purposes of FMLA, shall be maintained as confidential medical records in s…
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You didn't mention which state you are in. You might need to check your state laws. I agree that generally this is viewed as commuting time, but I do know of at least one state (california) has specific laws about employee reimbursements for expense…
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and here is a link to the EEOC's definition of Disability: http://www.eeoc.gov/policy/docs/902cm.html It came up when I googled the CFR reference for ADA in my previous response.
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http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.113.htm " (c) Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or ag…
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I suggest working with an attorney familiar with employment policies on this one. Mostly because of the interaction that can happen with FMLA and ADA for seeking treatment. For example, inpatient treatment can fall under FMLA where the person WOULD …
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It is not generally against any laws to discriminate against smokers. There may be a state or two that protects smokers so check to see if your state does. If it does not, then yes, not only can you use the question but you can discriminated based …
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I agree with Uga...that is, it depends on your corporate structure....I am not involved in every meeting, but I do ask that they keep me informed. And that they pass any unusual disciplinary issues up the line. And that they have written documentat…
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I know some companies that do this as an irrevokable decision. That is if the employee wants the insurance later, they must pay the cost. They do not decrease the salary...instead they increase the deduction. This is all communicated up front with …
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Someone is going to have to look at his credit card each month and cull out those transactions that are personal and tax him on that as a fringe benefit. I would do it at least on monthly basis to make sure he has enough other income to make up for …
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Here's a good general article: http://www.payroll-taxes.com/Articles/salariesGeneral.html "What if the employee works less than the expected number of hours during the workweek? In some cases there could be problems because in some states if an empl…
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Do the Sr employees all fall in the older age group and the younger all fall in the non-ADEA covered age group? I think it is 40, but don't quote me on that. You need to internally document how you are deciding on who to layoff. You need to be able…
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Generally in any type of case such as this where a complaint is made and needs to be investigated, one of the things HR must learn to do is to NEVER promise confidentiality. While you should try to keep as much confidential as possible, often in th…
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Your company is require to follow FMLA as long as you had 50 employees for either 20 weeks of the current or preceding year. http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.104.htm "An employer covered by FMLA is any person engaged i…
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I strongly suggest seeing an attorney first. Anything you do here will be viewed as retaliation for taking FMLA. While FMLA doesn't protect someone who would have been terminated for job performance anyway, if FMLA is the reason that the discrepanci…
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They would need to be a post-tax deduction. They don't get the benefit of the pretax qualified plan anymore. Also will their pay always be enough to cover the deduction? If not, you need to have a back up plan on payment. And what happens when/if …
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I am not aware whether Indiana has a "use it or lose it". I know they go by employer policy at termination...which can be forfeited at that point. Part of my response would depend on a couple of factors...that is (1) why does the employee get 4 week…
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There are no laws requiring any type of holiday pay (assuming you are not a govt entity). As long as there is no CBA that precludes this, you should be just fine. However, realize that if you offer it and they do not, they will find out and you may…
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It is the employer's responsibility to notify the employee of the possibility of FMLA. The employer should request documentation/medical certification. The employee could "refuse" by not turning in the forms needed. And they would lose the protect…
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I suggest this : http://www.twc.state.tx.us/news/efte/tocmain.html very strongly.
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The State of Texas has an employer handbook that is really good...It discusses this issue from a national perspective rather than a specific state perspective at: http://www.twc.state.tx.us/news/efte/ics_contract_labor.html However it doesn't distin…
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Since it is benefitting your company, I agree that they should be paid. Here's a good DOL opinion letter to read through: http://www.dol.gov/esa/whd/opinion/FLSA/2006/2006_01_27_04_FLSA.htm Here are exerpts: "You present several scenarios invol…
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I do agree that TXHRGuy gives very, very good advice along with others. I would suggest finding a few HR forums, such as this one, to read on a consistent basis. You will get look at the reality of HR. And see what the current issues are....and how…
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Personal opinion here -- I know that in our area, many times school positions (especially the ones outside the classroom, that is school secretaries, nurses, librarians,etc) all get filled very quickly. There is usually a waiting list and usually it…
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You need to talk to the temp agency you hired her through, but it is my understanding that the agency would perform all of the employer responsibilities. You however need to make sure they are doing so. You need to be careful under certain benefit p…
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Interesting...But I am not sure how they would challenge. Maybe in the mainstream media? I don't think they are considered employees of the LPGA, but more like independent contractors/members. So I am not sure they have any right to challenge under…