Nowadays, managing employee leave has almost become a full-time job for HR and supervisors.

Consider how many types of employee leave employers might have to address on any given day…vacation time, sick time, FMLA and more. On top of these issues are the states’ various leave laws on everything from jury duty, voting, school visitation and family/medical leave to time off for victims of domestic violence.

Here are five solutions to common human resource employee leave issues:

1. Time Off as ADA Accommodation. Problem: The employer is struggling to decide how much time off to allow a disabled employee as a reasonable accommodation under the ADA. You’re not alone-it’s one of HR’s trickiest issues. Solution: Determine how much time off the employee would need in order to return and perform the job’s essential functions and whether it would create an undue hardship to hold the position open that long.

2. Pregnancy and Maternity Leave. Problem: When an employee announces she’s pregnant, the employer may be happy for her personally but worried about the resulting implications for scheduling, employee retention and leave issues-not to mention the potential lawsuit risks. Solution: Make sure there’s a legally sound pregnancy/maternity leave policy in place, as well as an action plan for keeping workflow disruption to a minimum.

3. FMLA Intermittent Leave. Problem: An employee is taking FMLA intermittent leave at a moment’s notice, and the employer is beginning to question her real motivation. Solution: Require medical certification (in the legally smart way) to prove her leave request is legitimate. Also, track intermittent leave in the smallest units your timekeeping system allows.

4. Absenteeism and Sick Leave. Problem: The costs of employee absenteeism-reflected in lost productivity, overtime and temporary replacements for absent workers-can add up quickly. Solution: Adopt a reasonable and specific attendance policy tailored to the needs of your organization and specific jobs.

5. Vacation and Holiday Scheduling. Problem: Productivity takes a hit when employees take vacation at the busiest times. Also, scheduling employees during the holidays can cause logistical headaches, dampened morale and legal risks. Solution: Adopt a clear, written policy that spells out vacation blackout dates and proper vacation request procedures, and minimize holiday scheduling hassles with some smart preventative measures.

Some of these tips may help you keep disruption and liability to an absolute minimum in your workplace.

Note: This article deals with federal employment laws, make sure you double-check your individual state’s laws on employee leave issues.

You can access states specific information on the National Conference of State Legislatures’ website.

For more information on the book, ‘Employee Leave: Your 8 Biggest Problems Solved’, visit http://www.amazon.com/Employee-Leave-Biggest-Problems-Solved/dp/B005S0IES2/.

Author: Wendy-Leigh Montes De Oca
Article Source: EzineArticles.com
Excise Tax

This phenomenon is not a new one, however more attention is being placed on SAS and the overall impact it has on the workplace. In addition to increased one day absences associated with SAS, the summer months also see an increase in leaves of absence and even the filing of workers compensation claims with absences. Absences for any reason can have many negative impacts on a workplace such as productivity, customer service and morale. Morale can be affected in two ways. First, there are less people to get the work done and secondly, if managers look the other way, it sets a precedent for others to call in sick when they are not ill. Many employees also report to work when they are ill and feel that since they worked when they were not feeling their best it is ok for them to miss a day when they aren’t really sick.

Employers should really take the time to review their attendance policies and paid time off benefits to ensure they are the best fit for their organization. If you currently don’t have an attendance policy and/or do not offer paid time off this is the perfect time for you to consider these items. In recent years many employers have shifted from separate sick and vacation banks to one all inclusive Paid Time Off bank. This type of arrangement allows employees more flexibility in managing their time off and decreases the likelihood an employee will be dishonest about the reason they are missing work as the time does not have to be designated as sick or vacation time. Below are things to consider when thinking about employee attendance and time off;

• Develop a policy and clearly communicate the policy, company expectations and consequences of not following the policy to all employees.
• Schedule a staff meeting as a refresher to all staff regarding the company’s established attendance policies.
• Address issues quickly, such as a pattern of absence on Fridays and/or Mondays, and enforce the policy that has been established.
• Keep an updated attendance calendar on each employee, so you can quickly see if a pattern or excessive absences are occurring.
• If a pattern or excessive absences have been occurring let the employee know you have identified this issue and a doctor’s note will be required for future absences.
• Develop a system to track scheduled absences when they are requested and approved to save you from a scheduling nightmare and not having employees on hand to get the work done.
• Be flexible with employees such as allowing them to work some half days when it might be a slower day/week.
• If you encounter a questionable leave of absence request, follow the guidelines that have been outlined in the leave regulations specific to that leave.

For example: Mary’s vacation request for July was denied as she was not the first to request that time off. Mary then informs you she will need to go out on Family and Medical Leave (FMLA) at the same time. You have heard that Mary’s family reunion is also scheduled for that same time period. The FMLA provides leave under specific circumstances and allows an employer to request a medical certification form to confirm time taken off would qualify as FMLA time. The FMLA also has specific guidance if the medical certification submitted is questionable.

Please be advised that absences that may fall under a protected leave such as the FMLA or absences due to an alleged workplace injury can be legal minefields. It is important to discuss with your in house HR person, your HR provider or legal counsel before taking any adverse employment action for absences that fall under these areas. If employers remain aware during the summer they can minimize the potential negative effects of SAS or other absences.

http://www.mmchr.com

Author: Michele O’Donnell
Article Source: EzineArticles.com
Import duty tariff

The Amendments greatly broaden the scope of what employers are expected to do in order to accommodate persons who allege they have a disability. Employers may question whether an employee is truly disabled, but the Amendments have broadened what is considered to be a disability, and will apply even if an employee doesn’t allege a disability, but the employer “perceives” there may be a disability because the employee has certain work restrictions or requires leave.

It is important for an employer not to take a firm stance and insist that if the employee can’t work at the same pace as before, or can’t lift the same amount, etc., that they will automatically be terminated. An employer is now required, moreso than in the original Act, to determine if there can be something done to reasonable accommodate the employee. Also, while an employee is out on leave, is not the time to document a case against them regarding poor performance, if the issue has not arisen previously.

The issue of distinguishing between employees who have been injured at work versus those that haven’t may also be narrowing, if this results in some type of inequitable situation. Also, if a union contract permits an employee to take medical leave for an extended period of time, and a non-union employee is denied this leave, it may be difficult for an employer to argue that granting leave to one employee and not another makes it difficult for an employer to conduct its business.

Employers are being encouraged by the EEOC to become more flexible in their leave policies. In recent years policies which have been struck down through lawsuits or through settlements with employers include:

- An employee injured on the job must return to work within 12 months;
- An employee out on medical leave is required to return to full duty without restrictions;
- An employee is penalized for being absent even if they were out on a disability;
- An employee is prevented from working a reduced schedule if they have a disability.

The burden is being placed on employers to develop policies which evaluate disabilities, determine whether the job requirements of an employee can be accommodated in some way, and actively notify an employee of their rights to accommodated. Some of these policies conflict with the general requirements that employees must request an accommodation, or an employer’s attempt to establish policies that are clear cut and consistent, giving employees instruction on how to proceed with leave issues. These policies often interact with the Family Medical Leave Act (“FMLA”), and just because leave time under the FMLA has been exhausted, doesn’t necessarily mean that an employee can be terminated.

In conclusion, employers are being encouraged, and in some cases required, to be more flexible with their leave policies; individual analysis is required for each employee requesting leave; all leave policies should be coordinated so they don’t conflict with each other; and there should be an ongoing dialogue with employees, human resources personnel, unions, etc. regarding leave policies.

An interactive process with open lines of communication is required. Supervisors and managers should be instructed on how to deal with these issues, or who to report them to.

I have represented numerous clients who have been terminated when they should have been accommodated, or who require our Firm to intervene on their behalf in attempting to navigate, and often, even locate, their employers’ leave policies. If it takes a lawyer to get this information, and a lawyer must spend time interpreting the policies because they are vague or confusing or they conflict with each other, than that or those policies are far too confusing for an average employee to understand and need to be clarified.

By: Faye Riva Cohen, Esquire
Law Office of Faye Riva Cohen, P.C.
2047 Locust Street
Philadelphia, Pa 19103
P: 215-563-7776; F: 215-563-9996
frc@fayerivacohen.com
http://www.fayerivacohen.com

Author: Faye Riva Cohen
Article Source: EzineArticles.com
Import duty tariff

Fair Labor Standards Act (FLSA): FLSA contains the federal minimum wage and overtime standards. According to the act, the minimum wage is $7.25 per hour. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage. For example, the minimum wage in Arizona is $7.35 (as of November 15, 2011), so a non-exempt employee in Arizona would be entitled to the Arizona rate. Within the act, many types of occupations or workers are specified as exempt from the standards of the FLSA and do not receive minimum wage or overtime benefits.

Title VII of the Civil Rights Act of 1964 (Title VII): Title VII is very broad and is the basis of much of the employment law that deals with discrimination. It prohibits employment discrimination based on race, color, religion, sex, or national origin. Discrimination based on sex includes sexual harassment and discrimination based on pregnancy, childbirth or related medical conditions. This act applies to employers that have had more than 15 employees in the previous year.

Family and Medical Leave Act (FMLA): This act requires employers of 50 or more employees to give up to 12 weeks of unpaid job-protected leave for certain medical and family reasons. Reasons for protected leave may include the birth or adoption of a child, the need to care for a seriously ill family member, or inability to work because of a serious health condition.

Age Discrimination in Employment Act of 1967 (ADEA): The purpose of the ADEA is to protect workers who are age 40 or older. This act applies to private employers with 20 or more employees. Generally, the ADEA prohibits an employer from firing, refusing to hire, or discriminating in any way against an employee age 40 or older. Although the act does not prohibit asking a job applicant his age or date of birth, requests for age information may be closely scrutinized to ensure that the inquiry was made for a lawful purpose.

The Americans with Disabilities Act of 1990 (ADA): The ADA prohibits discrimination in hiring, firing, promotions, or other employment decisions against qualified individuals with disabilities. An employer cannot ask whether an applicant is disabled or ask about the severity of a disability. However, an employer can usually ask whether an applicant can perform job-related tasks, and employers can require that an individual demonstrate how job duties will be accomplished. Employers are required to provide reasonable accommodations to employees with qualified disabilities. Employers with 15 or more employees are covered by the ADA.

Equal Pay Act of 1963 (EPA): The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. Determination of whether the jobs are substantially equal depends on the job duties, not the job title. This act applies to all forms of employee compensation. Virtually all employers are covered under the EPA.

This is only a partial list of federal employment laws. Each of the states has additional laws and regulations that govern the employee/employer relationship. Failure to follow any of the state or federal employment laws and regulations may result in costly litigation. Much of the litigation regarding the employer/employee relationship can be prevented if certain procedures are followed and put in place.

Attorneys from Gunderson, Denton & Peterson, PC, counsel clients to establish those procedures and protect your business in the event of a claim that one of these laws has been violated.

Author: Brad Denton
Article Source: EzineArticles.com
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FMLA-Rules.com Answer:

Sorry to hear about your loss, it’s never easy to lose a loved one. FMLA is intended for use for medical related leave of absence for yourself or a family member, when your husband died the medical related illness was no longer a reason to be on FMLA. The company was faced with the fact that FMLA no longer applied to your situation and expected you to return. It’s a difficult thing for both parties, but the business needs workers to keep it’s business running and while the hardships of what you have been through have to be taken into consideration, work still needs to be completed. As long as no other issues made you unable to return to work (such as depression or a medical related illness of your own) the employer can expect you to return at a specific time even though there was time left on the FMLA.

fmla-rules.com answer

Perhaps a call to a local attorney would be in order for this situation. Your employer can’t retaliate against you for taking FMLA and if the chiropractor you saw was indeed a medical doctor who required that you take the time off from work for this serious medical condition, then your employer may have broken the law.

FMLA-rules.com answer

The quick answer is, no. FMLA allows for up to 12 weeks of unpaid time off for a serious medical condition. That is up to 12 weeks, usually in a 12 month period. Once you have used the 12 weeks you would have to wait 12 months before you can begin using FMLA again.

FMLA-Rules.com answer

Unfortunately the Family Medical Leave Act applies to companies with 50 or more employees and many other laws require 15 to 20 employees. What your employer did isn’t ethical by any means, but he didn’t violate FMLA because it doesn’t apply to his business, however it might be worth a call to an attorney to be sure he hasn’t violated any civil laws.

I was approved by my company for FMLA in Feb.2011 and they told me that it would last till Feb. 2012. I was told today that it had been canceled until I get another paper signed by my doctor. They said that they were going to do this to everyone. They said that they would make everyone resign every 30 days!! Is this leagell?

Is it legal for your employer to request medical certification from your doctor for FMLA, it certainly is! The employer needs to give the employee a minimum of 15 days to get the certificate and most doctors don’t mind filling them our (or having their assistant fill it out). This is done in part to protect the employer from people who stub their toe and want to take 12 weeks off for their new condition.

Remember, FMLA is for 12 weeks of unpaid leave, if your employer is stating you have a full year, you might be receiving additional benefits that require a medical certificate. If you feel they are treating you unfairly, speak with an attorney, document the dates you began your leave and how much time you were given and ask your doctor to complete a new certificate to stay in compliance.

In 1995, 33.6 million Americans were over the age of 65 and by 2005 that number will exceed 40 million. The fastest growing population in the U.S. is the “old-old” (those over 85). As our population ages, there is a greater need for personal care. In 1994, 25% of our elderly population required some form of daily assistance.

So who is providing this assistance? Nursing homes? In fact, only about 20% of our elderly are in nursing homes. The rest rely upon family members and the vast majority of these care givers are women. What is more amazing is that 64% of these women also hold either full or part-time jobs. And, if that wasn’t enough, nearly a majority of them also care for children under the age of 18.

What is the implication of this on the workplace? What “condition” are these caregivers in when they come to work every day? As employers, what can you do to assist them?

The impact on employers is significant. With employees faced with the dual demands of family and work, there will be increased tardiness and absenteeism. Employees will be working less hours and sick leave benefits will be used at a greater rate. A recent the Wall Street Journal survey reports that employees feel entitled to take this time off. Beyond the issue of attendance, we can expect to see a rise in early resignations, and retirements and a decline in worker productivity.

So what can employers do to address this issue? What assistance can they provide?

Employees are faced with difficult choices. How can they balance work with the need to provide care for their families? This issue creates tremendous stress that does not go away when employees arrive at work.

Employers can do much to ease the pressure and in some cases, can even provide some solutions. Elder care referral services is a tremendous, inexpensive benefit. Local community service organizations are more than willing to work with employers and their employees to help them during this period. Unfortunately, according to a recent Society for Human Resource Management (SHRM) survey, only 14% of employers are utilizing such a benefit.

Employee Assistance Programs (EAP) are another tool to help employees. EAPs can both assist in finding eldercare services as well as helping employees deal with the stresses and psychological impact of this enormous burden.

Employers must also look at their leave policies. The Family and Medical Leave and Massachusetts’ Small Necessities Leave provide legally mandated relief for workers. However, these leaves are unpaid and employers may be able to restructure their benefit plans to begin providing paid leave.

Finally, employers are going to be forced to provide workers with greater flexibility in their work schedules to accommodate those who are care givers or they will run the risk of losing them. This means adjustments to current policies and procedures, as well as training and educating managers to deal with employees faced with this issue.

The reality of an aging population is here. Employers must work closely with their employees to find solutions to this societal problem.

Rick Dacri is an organizational development consultant, coach and featured speaker at regional and national conferences. Since 1995 his firm, Dacri & Associates (http://www.dacri.com) has focused on improving the performance of individuals and organizations. Rick publishes a monthly newsletter, the Dacri Report (http://www.dacri.com/enewsletter.htm) with the intent to provide clients and friends critical information on issues that impact them, their organization and their employees. Rick can be reached at 1-800-892-9828, or rick@dacri.com.

Author: Rick Dacri
Article Source: EzineArticles.com
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