› ›

skyrocket

About

Username
skyrocket
Joined
Visits
0
Last Active
Roles
Guest, Member

Comments

  • [font size="1" color="#FF0000"]LAST EDITED ON 07-21-03 AT 01:20PM (CST)[/font][p]Since you have a company policy that allows one month off with reinstatement, if this person takes advantage of this, there would still be one more month before she/he …
    in FMLA Eligibility Comment by skyrocket July 2003
  • If the employee has been with you for 10 months this individual would not be eligible for FMLA until they had worked for you for 12 months (need not be consecutive) or the third month of the absence. (The accumulation period is the 12-month period …
    in FMLA Eligibility Comment by skyrocket July 2003
  • I keep copious notes when I find interesting facts about labor law. Here are my notes about FMLA and raises. *** In addition to allowing employees to return to their original position, any cost-of-living increases and other unconditional pay incre…
    in FMLA Comment by skyrocket July 2003
  • There was a recent court decision (federal) that said the absence of a specific notification of an absence as FMLA did not mean the employee was entitled to additional time. If an absence could be considered FMLA, it is FMLA - according to my recol…
    in "Eligible" employee Comment by skyrocket July 2003
  • FMLA permits you to require a second opinion (and possible a third) if you have published this information so that employees are aware of it. You couldn't, for example, require it for only this person unless this is the only instance where you are …
    in RECURRING HOLIDAY NEED FOR FMLA Comment by skyrocket July 2003
  • In addition to the above, my information shows the following: The amount of leave to which a part-time employee is entitled is determined on a pro-rate basis by comparing the employee’s NEW work schedule with the employee's NORMAL work schedule. …
    in FMLA Comment by skyrocket July 2003
  • Don In response to your question, realistically speaking few people actually use FMLA for any great length of time if the time is unpaid. Since you can require that the employee use accumulated vacation (and sometimes sick leave), that way the em…
    in FMLA Eligibility (custody issue) Comment by skyrocket July 2003
  • What a great question. FMLA law defines a child as: Under the law a “child” can be any of the following: 1. Biological 2. Adopted (no age maximum) 3. Foster (no age maximum - requires state action rather than informal child-care arrangements 4. St…
    in FMLA Eligibility (custody issue) Comment by skyrocket July 2003
  • [font size="1" color="#FF0000"]LAST EDITED ON 07-10-03 AT 12:29PM (CST)[/font][p]Actually, I believe FMLA law is pretty clear itself on what constitutes an employee: The initial criteria for an employer to be subject to Family Leave law is the thre…
    in family medical leave Comment by skyrocket July 2003
  • My understanding of second and third opinions is as follows: A health care provider employed by the employer on a regular basis CANNOT issue the second opinion. If the first and second medical opinions differ, the employer has the right to require…
    in FMLA request for "complicated grief reaction" Comment by skyrocket July 2003
  • Thanks Scottor
    in HIPAA Electonic Transation Compliance Comment by skyrocket August 2003
  • [font size="1" color="#FF0000"]LAST EDITED ON 07-30-03 AT 03:32PM (CST)[/font][p]Don't oral agreements over the phone require a confirmatory notice in writing? I would ask them to send you a copy of such notice - not the invoice. Watch how fast th…
    in Possible Scam? Comment by skyrocket July 2003
  • Under what type of circumstance? ADA? HIPAA? General personnel information? Some laws would require proof of a greater need to know than others. HIPAA addresses only information relating to the medical plan.
    in The "Need to Know" Comment by skyrocket July 2003
  • You need to be careful if you decide to pay employees who do not take the benefit plan. Unless you run this through a Section 125 plan, the IRS considered the payments to be "constructive receipt". This means that the value of the premiums paid on…
    in Higher Pay with No Benefits Comment by skyrocket July 2003
  • Actually there is no law that requires you to provide group health or medical (life/LTD/STD, etc). However, if you terminate these policies without replacement, you may be required to provide advance notice of same (California law requires 15 day n…
    in Higher Pay with No Benefits Comment by skyrocket July 2003
  • Yes, if the initials of the sender are D.D. - I sent a resume on one job that sounded like it had my picture included with the job description. I was told that, well, they really wanted someone with X and Y qualifications. In essence, the jobs "sh…
    in Need Another Job? Comment by skyrocket July 2003
  • [font size="1" color="#FF0000"]LAST EDITED ON 07-25-03 AT 12:44PM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 07-25-03 AT 12:32 PM (CST)[/font] The above post brings up a good idea. Have you considered using the "workforce reducti…
    in Reducing work hours Comment by skyrocket July 2003
  • [font size="1" color="#FF0000"]LAST EDITED ON 07-24-03 AT 06:30PM (CST)[/font][p]I assume you are in California - the land of laws.... If you have a business necessity, you may change job conditions (assuming no union). When you decide who to redu…
    in Reducing work hours Comment by skyrocket July 2003
  • Don't forget that just because you reach a threshold (say for FMLA) it may not apply to you immediately. You are subject to FMLA if there were 50 employees for each workday during each of 20 or more calendar workweeks (need not be consecutive) in t…
    in OSHA Regs - for over 50 employees Comment by skyrocket July 2003
  • Margaret: I assume you use five days if the suspension is meant to be unpaid?
    in Suspension Comment by skyrocket July 2003
  • Assuming you are in California and the employee is not union, there is no law that addresses amount of suspension time. You will want to consider, however, the effect on Benefits (i.e. COBRA due to loss of coverage or reduction of work hours). A s…
    in Suspension Comment by skyrocket July 2003
  • Hey, I never know what new thing government agencies dream up. Nothing surprises me (much)...
    in EMPLOYMENT APPLICATION FORMS Comment by skyrocket July 2003
  • I am a bit confused. The Department of Transportation wants a Hazardous Materials statement on your Application? The DOT has nothing to do with hazardous materials - other than if your employee is transporting such materials in the course of his/h…
    in EMPLOYMENT APPLICATION FORMS Comment by skyrocket July 2003
  • Thanks for the advice...
    in Posters in Colorado Comment by skyrocket July 2003
  • Thanks - I was hoping to find an online source where the poster could be printed directly (as the other required posters can be)...If anyone has found a source, would be appreciative...
    in Posters in Colorado Comment by skyrocket July 2003
  • I haven't check the exact language used in the FCRA which defines "consumer reporting agency" - but I have the following: 1. Any employer utilizing a third party to conduct a background search MUST be familiar with the restrictions on such searche…
    in FCRA Nightmares... Comment by skyrocket July 2003
  • I would agree with the above - pay at straight time as long as all over time worked that week does not exceed 40 hours (assuming no policy or practice that indicates otherwise).
    in How would you pay him? Comment by skyrocket July 2003
  • I think you made a good decision. Management committed to writing the fact that the next violation would result in suspension. To terminate would clearly violate your own "procedure"... The only time where it would make sense to indicate the ne…
    in Terminate Today? Comment by skyrocket July 2003
  • Employees are indeed allowed to request copies - but only of documents they have signed... Under Section 1198.5 and Section 432 of the Labor Code (as well as AB2412 effective 1/1/03), employees have the right to review all information in their Pe…
    in Request for copy of personnel file. Comment by skyrocket July 2003
  • My own personal opinion is that you as an employer have a duty to protect your employee under the Workplace Violence provisions of OSHA. This is a federal requirement. In addition to your IIPP (Illness and Injury Prevention Program) you must have …
    in Husband Problems Comment by skyrocket July 2003