Month: July 2014

FMLA and the under 50’s

Another update from the Jungle…

Mary tells her supervisor that she needs maternity leave in a couple of months. Her supervisor tells DJ, the part-time human resources (HR) manager that Mary needs the FMLA paperwork. The Family Medical Leave Act (FMLA) allows an eligible employee up to 12 weeks of unpaid time off for maternity leave.

DJ looks through the HR forms file but can’t find any FMLA leave forms. She begins researching FMLA to find the leave forms and realizes that it only applies to employers with 50 or more employees. Their company has only 30 employees.

What are some of the HR issues for DJ?
1. DJ needs to ensure that the company’s HR policies accurately reflect the laws which apply to the company based on the number of employees.
2. Mary needs to know that FMLA leave is not an option but that there may be other types of leave, such as sick or vacation leave to cover her maternity leave.

Has your company faced this issue or similar issues? Corporate Compliance Risk Advisor works with your company’s existing HR staff to identify which employment laws apply to employers of your company’s size (i.e., number of employees).

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A Sick Employee Means a Headache for HR

Another update from the Jungle….

Joe Bob worked for ABC Company for years and always had a poor attendance record. Joe Bob says he has chronic joint pain that makes it painful to stand at his work station. His supervisor often lets him sit in the break room when Joe Bob says he needs a break. Joe Bob often calls in sick but his supervisor has never warned him that he could be fired based on his attendance record.

Tom owns ABC Company and is annoyed that Joe Bob has called in sick yet again just when a big order needs to be filled for a key client. Tom instructs Beth to fill out the paperwork firing Joe Bob. Beth hasn’t done human resources work for very long but she’s worried about Tom’s instructions. She can’t find attendance records for Joe Bob to verify how often he calls in sick.

What are some of the HR issues that Beth has?

1. Without accurate attendance records, there’s no way to justify firing Joe Bob for poor attendance.
2. There is no record that Joe Bob was warned about his attendance, so there is no progressive discipline to justify firing Joe Bob.
3. Joe Bob has been treated as “disabled” by his supervisor and that means the Americans with Disabilities Act (ADA) may apply and he may be entitled to an accommodation as a “disabled” employee.

If this scenario sounds familiar to you, it may be time to seek help. Corporate Compliance Risk Advisor can work with your existing HR staff to create a framework to avoid some of the above pitfalls.

Join the HR Compliance Jungle today. Click here!

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Welcome to the HR Compliance Jungle!

Welcome to the HR Compliance Jungle!

Human resources or HR is a jungle full of all sorts of personality types and bizarre events. That’s what happens when people (i.e., employees) are involved. I love working on HR issues because each day is different.

As I told one of my former bosses, I never make the same mistake twice. I always screw things up in a new way. That is true for all employees, HR staff and business owners.

Each week I will post the latest from the HR Compliance Jungle, a scenario with possible responses. Whether you’re a business owner or an HR manager, I hope you enjoy the weekly jungle updates.

Join the HR Compliance Jungle today. Click here!

Follow us on Facebook & Twitter!

Visit us: http://www.complianceriskadvisor.com/