Human Resources

From employment law to compensation and benefits, FMLA and hiring and firing and more, Business Management Daily provides comprehensive Human Resources updates.

Discover how your colleagues – and competitors – are dealing with discrimination and harassment, employment law, benefits programs, and more.

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Don’t think that just because an employee was a poor performer before she requested FMLA leave, a poor review after the request can’t be retaliation. If there is other evidence of retaliation (like a direct statement that FMLA leave was a factor), then the previous poor performance won’t be much of a defense.

Employees who take FMLA leave have no special protection from discipline for poor performance that’s not related to the fact that they took leave. That means you may refuse to reinstate an employee who took FMLA leave, as long as you would have done so anyway.
Q. One of our employees is over age 70 and has had a broken foot, memory problems and a recent car wreck that caused some residual problems. Should we allow him to work? What can we do to protect ourselves from potential workers’ comp claims should he injure himself?
A court has rejected the DOL's test to determine whether a worker is an intern or an employee, coming up with a simpler one.
Erie, Pa.-based Erie Strayer Co. and Local 468 of the International Association of Bridge Structural, Ornamental and Reinforcing Iron Workers have settled charges they violated the ADA when they required employees to provide detailed medical information in order to use paid sick leave.

Some managers think they can handle employees with disabilities on their own. That’s never a good idea. Someone in HR should oversee every aspect of disability accommodations. Leave management out of it—other than requiring every manager and supervisor to report immediately potential disabilities to HR. Otherwise, things can go badly wrong, as they did in one recent case.

Wayne, Pa.-based temporary services firm Crothall Services Group faces an EEOC lawsuit alleging it failed to maintain records necessary to document the effect of its criminal background check policy on minorities.
A registered nurse claims North Memorial Health Care in Robbinsdale, Minn., withdrew its employment offer after she requested a religious accommodation. The woman is a Seventh-day Adventist and had sought a schedule that would not force her to work from sundown Friday to sundown Saturday.
Q: “If an employee has requested lifelong, intermittent FMLA leave (worked one year, and worked over 1,250 hours in preceding 12 months), can an employer make a request for updated medical certification once per year? The employee continues to work at least 1,250 hours in a rolling calendar period.” – Anne, Minnesota
Spending on health care benefits was up in 50% of organizations surveyed this year. In contrast, only about a quarter of employers reported spending more on wellness programs and career development.
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