The HR Specialist

HR Law 101: FMLA leave is unpaid time unless the employer voluntarily decides to continue paying the worker during the time off. You may insist that employees first use up all of their paid leave and count that toward their total FMLA time …

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HR Law 101: When employees are on FMLA leave, employers must continue to provide health benefits for them. The same services your group plan provides on-the-job employees must be made available to those on FMLA leave. If you change coverage or adopt another plan that offers new services while employees are on leave, you must make the new benefits available to them as well …

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HR Law 101: When an eligible employee returns from FMLA leave, the employer must restore him or her to the same position or an equivalent one with equivalent benefits, pay and other terms and conditions of employment. The new position must involve the same or substantially similar duties, responsibilities and authority …

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HR Law 101: The FMLA allows employers to refuse to reinstate workers returning from FMLA leave under limited circumstances. For example, if you have experienced a reduction in force due to the economy or a companywide reorganization, you may be able to eliminate a returning worker’s job …

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HR Law 101: The FMLA’s recordkeeping requirements are less onerous than those of some other federal laws. But you must handle FMLA medical records with the same level of confidentiality as required under the ADA …

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HR Law 101: Your contract with an independent contractor establishes payment rates and methods, the nature of the work to be completed, the deadline for completing the job and performance standards. No matter how casual the relationship or how well you know the contractor, you should always have a signed contract describing the work to be done … 

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HR Law 101: When independent contractors are acting as a company’s agents, the company is liable for their actions, according to a U.S. Supreme Court ruling in 2003 …

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HR Law 101: Even though job descriptions are absolutely essential, too few employers use them effectively, and some even view them as a nuisance. Every employer should maintain a file of up-to-date job descriptions for all the positions in the organization …

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HR Law 101: Make sure your job advertisements are based on accurate, up-to-date job descriptions and comply with anti-discrimination laws. Don’t use phrases like “perfect for college students” or “ideal for working mothers” …

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White Paper published by The HR Specialist, copyright 2007 ______________________ Job descriptions are the cornerstone of communication between you and your staff. After all, it’s hard for supervisors to measure job effectiveness during performance reviews unless you and the employee both know what you expect. Also, carefully drafted job descriptions can be useful tools in [...]

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