WT
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The key to all of these cases is that the individual does not want to be at work (or they do not want to be working). Bring the person back but make them work. Sometimes closer supervision is the key. Individuals like this often want to work wher…
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When employees are on restricted duty, what are they paid? Our program puts employees who cannot perform their essential job duties in a pool of labor which is at the bottom of the work force and the rate of pay is less. They have an incentive to …
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As it was stated elsewhere, you need a policy. Ours here is rather simple. We do not require employees to do 100% of whatever job they are in. We look at the documentation from the doctor on what the employee can do. We conference with the super…
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I believe that will depend on how your leave year is structured. For instance, if you use a calendar year, more leave would be available as of Jan 1 of the next year. If you use a "rolling year", then at each request, you would look back 12 months…
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The employee can certainly ask for FMLA leave and fill out forms to do so. However, if they are not working (for some sort of medical reason) and have taken no action, the responsibility falls on the employer. The general rule of thumb is that the…
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The purpose of funeral leave is so that a working employee can go to the funeral of a close relative without loss of pay. As a general rule, if they are off the payroll, they are free to attend anything they wish. Look at your leave policy (if you…
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The leave is not the question. You must give the leave. The question is right of return. Under FMLA a person must be taken back to the same or equivalent job. The act does not preclude termination of employment but such cannot be a pretense. In…
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The most common mistake in discipline is not having all the facts in hand before administration of discipline. All the facts need to come out and all the players need to be heard from before the discipline. Any investigation that I ever did brough…
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Aside from the rehab plan, I would sugget a last chance agreement. This agreement pins down the employee to an acknowledgement that if drug abuse happens again, termination will follow. It also mandates full participation in the rehab process. W…
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Electric garage doors very commonly have a by-pass that will permit the door to be raised manually. Typically, the by-pass will disonnect the electric motor from the door. Thus, you need not both open the door and turn the gears of the motor. The…
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We have been down the same road in New York State and did not have to pay the claim. Our case was very similar to yours. We objected that the person was a contractor in that he did such work for others and that the project he was hired for was a f…
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Go ahead and advance her the sick leave. Presuming she will be a good employee, there is no need to start her employment on a sour note. If she is a poor employee and you end up getting rid of her while she is on probation (I am assuming you have …
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The issue of alcohol at company functions with liability and loss of inhibitions rises again and again. We banned it here to do away with such issues. As for the employees, in my opinion when they voluntarily left the company function and again vo…
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This is all in the area of polite fiction and avoiding conflict. It is easier to lay somebody off and pretend there is a road back than to let them go because they are a poor employee. In your case, what is done, is done. Most people move on with…
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You have some pretty good advice here. In our power industry, there are some pretty far flung territories. Some companies have on site reporting. This means employees need to travel to where the work is in progress and report there. They are not…
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Who is requesting the record? Is it the former employee, unemployment offices, an attorney, or some other agency? Unless there is litigation and discovery, I see no reason that you need to provide all these records. In fact, even in the case of l…
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The Witnesses do not celebrate any holidays to include birthdays. Thus a teacher could even complain about a child bringing in a treat for his or her birthday. The point you need to make is that there is a difference in aiding another in some sort…
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Generally, the various Bill of Rights provisions have been held to apply to aliens as well as citizens. These have been resident aliens in the U.S. There are debates about this regarding the non-resident prisoners held in Cuba. However, it is my …
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I really cannot add too much to the good advice already given. However, most IT people like to build a "back door" into their system. This gives them access in case an employee quits, suddenly dies, or forgets a password. In this day and age, con…
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I pulled the regs and went back to school (so to speak). That is one excellent by-product of this forum. It seems to me that the looking forward method is essentially a custom leave year for each employee. It starts the first time they use leave …
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Pardon a dumb question, but how is rolling forward possible? In order to compute how much leave would be allowed, is it not required that you be able to look at what has been used. To reach a 12 week maximum, it is necessary to have a starting poi…
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It is my understanding that the rolling 12 month period essentially looks back at the preceeding 12 months. An employee would be able to take leave just as soon as the preceeding 12 months did not include 12 weeks of leave. Thus, at a given point …
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You must learn to live with those things that you cannot change. If this person is protected by the higher ups, there is little you can do. If she sits right outside your door, close the door. Many cases in HR fall under this maxim. Winning is n…
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I took over HR a roughly 15 years ago at this company and discipline was very slack as the General Manager, though very technically astute, could not bring himself to confront or discipline. The work place was not under good control at that time bu…
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A good many employers keep poor or troubled employees and just hope they will move on. The HR department and / or top management either does not have the authority or the moxie to terminate such employees. Also some employers are just unreasonable…
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We have not had one exactly like this but have had to tell a terminated employee, "You don't work here anymore." Sometimes they want to linger over packing up their stuff. (You can tell them you will box it up and they will call for it at a given …
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Letter! Letter! You don't get no stinking letter. Seriously, anyone fired from a job would not need an explanation of why they are not hired back again. The only case law I have ever seen on this is a question of a substance abuser coming back t…
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Do you have the power and authority to fire this employee? If so, you should probably do so sooner rather than later. I have put off this chore in the past, to my sorrow. It always hurts more, costs more, aggravates more, disrupts more, and damag…
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Some employees really need a straight up approach. Call her in and talk to her. Tell her it is obvious that she is unhappy. However, the reason for this is her job performance. Tell her that she must decide whether she wants to continue working …
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When I have an employee that works the system and changes diagnosis or ability to work based on what they want to do rather than medical issues, I look to get rid of them. They are just stored up trouble waiting to happen at a later date. When she…