For the past 15 years, complying with the FMLA has been complex, but at least the law (once you figured it out) stayed the same. On Jan. 16, that all changed. Here are the changes you must comply with. FMLA Intermittent Leave: 5 Guidelines.

The HR Specialist Forum

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Question: We’re taking a hard look at our hiring processes, and I need to find a firm to handle our background and criminal-records checks. I’ve found dozens of companies that do this, but I have no idea how to choose the best one. If anyone has gone through this process, I would love to learn how you approached it. What should I look for in a background check firm?—Terry M., Virginia
Question: A story circulating on the web tells of a New York woman who got even when she got fired. After a couple of days, a foul stench began wafting through the office. Workers followed their noses to a locked file cabinet, which some brave soul opened to find ... what was once a whole salmon! Have any of your former employees left behind more than bad memories? Have they made off with anything more than a few pens? Dish the dirt on the dearly departed!—The HR Specialist Editors
Question: “Utah state workers are switching to four-day workweeks. A Phoenix company is paying for gas money if employees put company ads on the sides of their cars. The ultimate goal: Retain and recruit good employees who are feeling the pinch of $4 gas. Is your organization taking any steps to help employees’ gas pains? Tell us your story by commenting below.” -- The HR Specialist Editors
Question: “Our office offers an optional schedule in which employees work 80 hours over the course of nine days, with every other Friday off. But people frequently move their days off to some other day, which is a recordkeeping nightmare. I’m also worried that when nonexempt employees do this, we risk somehow violating overtime laws. Does anyone have suggestions for how to handle these related concerns?” RoxAnn, Calif.
Question: “We’re working with our insurance broker to figure out how we can continue to offer good benefits without raising our costs. She suggested increasing the amount employees contribute for health insurance. I’m sure we’ll face resistance, but it looks like that may be our only option. Who else has faced this dilemma? How much did you hike employee contributions? How did you sell it to employees? Are there other options to consider?”—Jim, SoCal
Question: “Of course you’ve been drawn since a tender age to the glamorous world of FMLA compliance, I-9 Forms and employee grievances. But if you weren’t handling HR in your organization, whose job would you want? If you could switch roles with a fellow employee (or top manager) for a day, a week or a lifetime, who would it be? Why?”—HR Specialist Editors
Question: “One of our employees persists in e-mailing what I consider offensive jokes and chain letters to staff members. These often contain racial slurs and comments that are intolerant of immigrants and practitioners of some religions. Her boss counseled her not to spread these viewpoints on the job, so she has taken to sending them after hours, from her home computer. I’m not sure we have (or even want) a legal leg to stand on here, but I want to put a stop to this. Any suggestions?” — A.M., Florida
Question: We’ve shared the results of a survey documenting rude behavior job applicants sometimes display during interviews. Now it’s your turn to dish! What’s the weirdest, rudest, grossest thing a candidate has ever done while you were conducting an interview? (Don’t be shy about spilling about inappropriate interviewer behavior either!)—HR Specialist Editors
Question: “We've had some discord on our plant floor lately: name-calling, insults and a couple of minor shoving matches. When I spoke with one of our foremen, he said a couple of guys have been purposely needling and picking fights. This sounds like bullying to me. What kind of policies can we invoke to put an end to this nonsense? No one has been hurt yet, but it's taking a toll on morale.” — GRL, Ohio
Question: "We’re in the process of looking for human resource information systems (HRIS) software. We need to track training, salary increases, EEOC data and performance evaluations among other things. Any suggestions on what to look for? What type of HRIS software do you use? Would you recommend it? What about cost? Is off-the-shelf software adequate, or is it better to have it customized?"—Hilda, Florida
Question: “Our large office has employees from around the world—including Burma and China. Following this month’s natural disasters in both countries, employees started charity drives to collect disaster-relief funds. (The same thing happened after Hurricane Katrina, and the company itself donated to that effort.) While I applaud their generosity, I wonder if these kinds of drives are entirely appropriate in the workplace. Could we get in trouble in any way? Do we need a policy?” — SKL, NYC
Question: We have an employee whose desk looks like she has a picnic on it every day—and she leaves it that way when she goes home at night. Apple cores, juice bottles, yogurt containers all pile up. The cleaning staff sweeps it all away overnight, but during the day, it's just an unsightly mess. Plus, she sometimes loses work documents in all the debris. Is it OK to tell her to clean up her act and get organized? What should I say? I'm not her mother .... — Malek, Illinois
Question: “As part of my duties, I run a monthly safety committee meeting. To say that people don't care would be a gross understatement. To build a little enthusiasm, last month I organized a potluck lunch, which worked great until we finished eating. Then it was back to normal: no input and no knowledge shared. How can I make these meetings exciting enough to encourage members to participate?” — TK, Hawaii
Question: “We’re a service company, and like everyone else, we’re bracing for the economic downturn and looking for ways to bring in new business. Our president wants HR to implement some kind of incentive or reward program for employees who help get customers to call and invite us to bid. How should I go about setting up such a program? Any ideas on inexpensive rewards that would motivate our staff?” — Steph, FL
Question: How many cigarette breaks are too many cigarette breaks in an eight-hour workday? I think we need a smoke break policy of some kind, if only to keep productivity up. (Maybe we could even keep health care costs down!) Do any readers have such a policy? What unforeseen issues might come up if we crack down?—Anna, Miami
Question: “One of our employees is going through a divorce. Although she says she is doing OK, lately she is making more and more mistakes on tasks that she used to do well. She also seems overly sensitive to constructive criticism and blames others for work problems. Frankly, I think she needs a vacation, but she says she can’t afford one. Any suggestions on how to help her through her divorce without sacrificing job performance? Is there such a thing as a ‘mandatory’ vacation?”—Jocelyn, Mass.
Question: “Even though our policy states that the phones are to be used for company business only, every month our phone bill shows numerous, obviously personal long distance calls to other states. Our office has over 20 phones and there is no way to trace which phone made the calls. The charges for the calls aren't much, but employees should be spending their time working, not talking on the phone. Can anyone give me a solution for this problem?” — Linda, Penn.
Question: We’re exploring the idea of setting up a tuition reimbursement plan. Our president believes this will help build our staff’s skills, and that employees will perceive it as a valuable benefit. I’ve done a little research on how to structure such plans, but I would like to hear some real-world feedback on what works, what doesn’t and what to watch out for. What kinds of provisions should we include in our tuition reimbursement benefit plan?—Beth, Maryland
Question: "We have begun running background checks on prospective new hires. But we're finding that this just adds one more layer of subjective information for us to weigh. How should we incorporate the results of background checks into our overall candidate selection process? Are there pitfalls we should watch out for?"—Linda, Arizona
Question: “In our business—a nursing home—employees must be able to communicate in a common language: English. Our job descriptions require English proficiency. However, we keep getting requests to translate training materials into Spanish. If we do this, won’t we open a can of worms? Any advice? Should we reconsider our stance on not translating?”—HR Kristy
Question: “We have a group of workers who like to congregate before or after work to talk. The only problem is they often use profanity that makes others uncomfortable. This sometimes spills over into the break room during lunch too. Most of them have been with the company for more than 20 years, so it might be difficult to make them change their ways. How can I respectfully approach them to ask them to be respectful of others in the language they use?” — HR in PA
Question: “Some of our employees are stealing from us! Not by taking money or supplies, but by stealing time. Some pretend to work through lunch so they can leave work a half hour early. Others conduct personal business on the company phone or play on the Internet. Or they take breaks to socialize and laugh out loud, which disturbs everyone else. What can we do to crack down?”—Louise, PA
Question: “Since September 2007, we have had several layoffs and departmental restructurings. My department started with six of us. Now we are down to three and a half. I know my group is feeling a little shaky about all the changes that have been made. I need a morale booster that is inexpensive and lets the team know that I appreciate their hard work. Any ideas?”—Joyce, Idaho
Question: “We're going to have to terminate an employee whose personal life has been in turmoil for the last year. There's no doubt he needs to go (and the decision has been made), but his manager feels terrible about having to fire the man. What kind of advice can I offer the manager? What kind of help should we offer the employee?”—Pete C. Colorado
Question: “Last year, our company quit calculating sick leave accrual and switched to a ‘use as needed’ sick leave policy. Now we’re seeing an increase in the number of sick days used across the organization. Managers are looking for some guidance on what’s a reasonable excuse for employees to take sick leave. I think we need a benchmark for what constitutes ‘sick.’ Does anyone have language or a policy that might help?”—Wanda, Maryland
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