TXHRGuy
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- TXHRGuy
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[quote user="6337604"]I am inquiring if anybody would be willing to share what your ratio of managers to staff is, as well as your region of the country and industry type. Or if you are aware of any source or sources of infomation that could help me…
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[quote user="TSScott"] I am unsure if some actions/restrictions that my boss has taken against me may be a violation of the ada psychiatric rules. I have major depression, for which I have been diagnosed and am under treatment for (medications). …
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[quote user="vmenghaney08"] An employee recently got transferred from our corporate company into our unit.[/quote] It's key to understand if your unit is simply a DBA or a completely separate entity. If your unit is Company B and the Corporate uni…
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[quote user="Chicago1"]I'm just reading that EFCA has been introduced in Congress. Does anyone know if this law will affect small companies (under 20 employees)? Any ideas on how small companies can prepare for this--or should we just wait and see?…
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You can ask for the certificationa s soon as they ask for the leave, unless it's clear that they are not or will not be eligible for FMLA for unrelated reasons. The employee's obligation to the Company is merely to notify you of the surgery data "as…
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...Although it's largely irrelevent to the FMLA conversation since the person can have all 12 weeks if they included bonding time in their request or make such request 30 days before the end of their initial leave period.
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[quote user="NorthSound"] Greetings, I understand that the current topic is related to pregnancy although we are currently trying to determine how to move forward with an employee that is off work due to a pulmonary illness and her time off work is…
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[quote user="Redbudpt"] We have an employee who is pregnant (due in December) she does not qualify for FMLA until 11/12/08. When do I need to ask for medical certification? [/quote] You are entitled to request certification when they request the le…
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Team, Times are tough and everyone is cutting back. Read the papers lately? Our company is not exempt from market forces that drive the financial world and affect the fortune of millions. To reduce the urge to lay people off, we're killing the aw…
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[quote user="bsmith@acceleroninc"] [...]Most of our employees are specialty welders--highly skilled, hourly paid (punch a time clock), and difficult to replace. I have joined the company recently as the first and only HR person. I come from a whi…
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[quote user="mtbat2"] Contact the DOL and find out what the laws are exactly for your state. Then I would present that at a meeting along with something saying you are allowed to take 2 10 minute breaks daily. I believe Federal Law states 1 10 minu…
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Consider writing a policy on unauthorized absence from the workstation rather than trying to control cigarette smoking with a break rule.
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Student loan garnishments are weird. The request doesn't come from a court but is enforceable in many cases. We get them in Texas and withhold. Check with your AG to ensure that the order/request you received is proper for your state.
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[quote user="lydmetoo"]Our company currently does not have a policy on this matter but the practice is to keep the employee on a 2 week salary contination. After that STD will kick in. Also, if the employee meets the FMLA requirements we are not c…
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[quote user="HRforME"]Do you as an employer fall under FMLA?[/quote] ...and if so, would the employee on STD qualify for FMLA? That you can layoff an employee out on FMLA leave does not mean that you should. If you have any FMLA involvement, I re…
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[quote user="erik13dh"]I just started a new position about 2 weeks ago and we were informed of two rounds of layoffs. There were about 4 of us new employees and 2 of them were laid off after less than a month of employment. Is that legal? I am in th…
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Every state in the union is an at-will state with the surprising exception of Montana, which recently enacted a for-cause termination requirement. The only difference between the other 49 states is the extent to which you have to worry about whether…
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[quote user="jvanhoozen"] Several things to consider here are that your employment and employment offer is at-will. You need no reason to terminate, as long as you are following applicable laws.[...] With offering him additional chances and then i…
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If this were a current employee who had been with the company for 3 months, what would you do? That's what I would do.
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[quote user="stayathome"] [quote user="4612155"]No, you can't. Consider having an education section and having them list how many years they attended and if they received their diploma. This way they can also list if they received their education o…
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The standard answer to questions of the form "Is covered by ADA" is "It depends on whether or not the effects of on employee rise to the level triggering protection under the act." For the most part, ADA (as regulated) doesn't list diseases it co…
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The Fair Labor Standards Act is quite clear that it is the employer's responsibility to record worked time. It's all well and good to say that morale will be boosted by removing time clocks but what will your director say when, 6 months down the ro…
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[quote user="BarbieW"]We don't use a reading comprehension test for hiring so I don't have any first-hand recommendation. You do want to be careful that you have a test that is validated and that it is testing skills really required to do the job.[/…
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"Personal communication devices such as mobile phones and pagers must be powered off while on the clock."
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It happens all the time. Most line supervisors in food and manufacturing are hourly because they spend a lot of their time doing the same work as those they supervise. It's also never wrong to pay hourly from a FLSA standpoint, as long as you also …
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I recall reading about car salespeople racing golf carts, getting into a crash, and being approved for WC because driving the golf carts was part of their normal work. It would be like 2 guys playing power tool tag because using power tools is part…
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[quote user="6312411"]Thanks for your examples. How about in the situation of the birth of a child? Are there any cases where FMLA can be taken twice for the same birth?[/quote] For the birth itself? Complications from the procedure in the case o…
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A lot depends on what you mean by "qualifying event". This isn't COBRA, it's FMLA. If the person is protected by the act and they have a serious health condition or one of the other covered situations, then it is what it is. Can you take FMLA becaus…
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If (s)he can't come up with a religious or medical reason for not being able to attend, I think it's going to be difficult to avoid. [:'(]
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I went with an absence request form and an absence notification form. The prior was for letting us know about planned absences and the latter was for telling us about unplanned absences during or after the fact. Both helpful for FMLA purposes as w…