davids

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davids
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  • Have you invoked FMLA (assuming the employee is eligible)?  If not, arguably, the employee still has full entitlement.
  • I'm not sure why you would not allow an employee to view/copy his/her file.  Here in Oregon, employees have a statutory right to make copies of their personnel file.  You will want to check your state's laws.
  • Agree with others; however, if the hours worked in light duty is less than the hours normally worked by the employee, you can count the hours not worked towards FMLA.
  • Well, my take is that yelling is inappropriate in the workplace. One can vent in a normal, or even stern, voice, without yelling. More concerning to me is referring to a co-worker as a "B", whether it is to the employee's face or in conversation w…
    in Venting Comment by davids November 2014
  • Venting can take a lot of different forms from expressing displeasure in a normal tone of voice to throwing things, slamming doors, and using profanity. The question is - Was the venting done in a professional, non-threatening, work-appropriate way…
    in Venting Comment by davids October 2014
  • You will want to check your state's employment laws; but generally, yes, you can make such a contract. I know of police departments that require new hires to reimburse them for the cost of sending the new employee to the academy, if the new officer…
  • Maybe I'm missing something, but what difference does it make? Perhaps, the answer is it depends on how the doctor completes the certification. If the employee is released to return to work after the first eye surgery and then needs additional tim…
  • We use an ATS that allows us to ask supplemental questions (e.g., do you have five years experience building widgets?); and then filter applications based on those responses. An applicant could be dishonest in his/her response and make it through …
  • Another solution is to move away from annual evaluations. We only require a formal evaluation once every four years. There are exceptions such as a new employee must be evaluated every year for his/her first four years; or if the employee has been…
  • I was not familar with that case. I checked with two different employment attorneys with whom I regularly consult. I received similar responses from both. First, the facts of this case occurred prior to 2008 revisions to the FMLA. They believe the r…
  • Where did you read that? It is the employer's responsibility to designate leave as FMLA. We do not allow employees to decline FMLA coverage.
  • Unless your state has a specific regulation that dictates when and how an employer can require return to work medical certifications, I don't see why you couldn't ask for one.
  • I am not a payroll or tax expert; but my guess is an allowence paid directly to the employee (rather than purchasing health insurance) would be taxable.
  • Just a thought - If you provide the health insurance payment as a salary increase, it will compound on future salary increases. If you provide it as a separate allowance, you can choose to increase it, or not, irrespective of future salary increases…
  • We don't use group interviews; but we use "speed interviews" when we have an applicant pool in the hundreds. (We liken this to speed dating.) Rather than cull through 300 applications, we invite all 300 to a 5-10 minute interview. We have used this …
  • It sounds like we have all reached the "old geezer" stage of life.
    in Tolerance Comment by davids July 2013
  • I would send her a certified letter giving a deadline to produce medical certification confirming her need to be out. I would not get into the "rumors" you are hearing from other employees. As to firing her, it depends on your policies regarding abs…
  • Sonny, we have had that situation come up and did count the time away as FMLA. Our take was that even though the employee was getting paid (as he/she would if using sick or vacation leave), the employee won't be at work due to an FMLA-qualifying eve…
  • Yes, you do have to pay the employee based on the best information you have as to what they are owed. However, you can then discipline them for not following procedures for approving their time in a timely manner.
  • We require employees to use their accrued leave while on FMLA; but we don't require them to use it in any particular order. We have maximum accruals for both vacation and sick leave; so an employee nearing the maximum in one bank would probably work…
  • I'm having the same problem - the first post shown is the oldest. I have to click "last post" to reverse the order.
  • I agree with Frank's assessment. Your contract language does not say the first eight hours of work have to be at straight-time before time and one-half kicks in. To me, no pyramiding means an employee doesn't receive time and one-half on top of ho…
  • Our cap is twice the annual accrual. The annual accrual is graduated based on years of service.
  • If the new position is at-will, I doubt you would have liability. As an at-will employee, you could fire him the first day on the job. If you made a commitment for a definite period of employment, you may have some liability. However, you do want to…
  • We have offered a voluntary separation incentive program (VSIP) for three consecutive years. During the first two years, it was open to any employee who had at least five years of service. They did not have to be retirement-eligible. For the third y…
  • What would you be looking for in the photos? I'm just not sure that photos are going to provide you with a lot of information. On a past job, we had a telecommuting agreement which the employee needed to sign. The agreement required the employee's h…
  • Being laid off is received by the employee as a reflection of their performance and who they are as a person. A supervisor can rationalize the decision all he/she wants,the employee will still take it personally. I recommend individual notification.…
  • If the employee is not eligible for FMLA, you have no obligation to continue benefits. However, I am unaware of any law that would prohibit you from continuing them if you chose to (as long as your plan allows non-working employees to access that be…
  • If you are not unionized, I don't see why you could not do it. You are paying the employee for the earned vacation, not taking it away from them. However, I would draft a policy stating under what conditions you would cash out the time rather than d…
  • I don't think so; unless you have union contracts that require different overtime rates for different positions/departments. Even without specific language, I'm sure the union would argue a past practice has been established; but I don't believe it …