“No Fault” Attendance Policies Must be Managed

A lot of companies like to use “no-fault” attendance policies because they are easier to administer, generally easy to understand, reduces the chances of favoritism, doesn’t require a lot of policing of reasons for absences and treats the employees as adults by making them responsible for their actions. If only it was really that easy …

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Do you have to give compensated breaks under the FMLA?

In a recent opinion letter administered by the U.S. Department of Labor, the determination was made that 15-minute rest breaks necessitated by an employee’s medical condition were NOT compensable, at least not all of them. Here is the situation. FMLA covered An employee, covered by the Family and Medical Leave Act, had a personal medical …

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The Workflex in the 21st Century Act: Workflex Options

Yesterday I covered the compensable time options of the Workflex Act, in other words, the paid time off option. However, the Act is more than just a PTO program, it also includes, in fact, requires, options to have employees have the ability to have some flexibility in their work schedules. Possible options All employers involved …

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What is the Workflex in the 21st Century Act?

We all know that workplace flexibility, family-friendly policies, and paid leave are at the forefront of many company and legislative discussions. Numerous articles condemn the lack of family-friendly policies in the US, see here and here. As a reaction, many states have, or are in the process of, passing local legislation requiring various levels of …

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Three Monday morning HR lessons: Learning from the bad judgment of others

Most of us have probably seen the quote “Good judgment comes from experience, and experience comes from bad judgment”, a quote attributed to numerous people. The important thing to realize is that it does not always have to be your bad judgment that you learn from, you can learn from the bad judgment of others. …

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Is mandatory paid Family and Medical leave just around the corner?

Back in December I somewhat addressed this topic with my post Mandated Paid Sick Leave- an inevitability? Now we see movement toward mandatory paid family and medical leave with the introduction of a bill in Congress. Is the time this trend will come to be? The US in last place According to the website Think …

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Talking about an employee’s medical condition

I am sure most everyone with “HR” in their title knows that it is improper to talk about an employee’s medical condition. However, not everyone understands that and many people are prone to talk about other people without much provocation at all. However, not even many HR people know that talking about an employee’s medical …

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Four Very Instructive Reads in HR Compliance

Legal compliance for many HR people is a major headache. Each situation has some different twist to it that makes you question whether you are making the correct decision. Here are four situations that provide examples of just my point. Reverse discrimination This first post shows that reverse discrimination is recognized by the courts as …

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FMLA, Termination and the ADA: From the Archive

I am helping a client deal with a FMLA situation. It is causing them a great deal of heartburn, which reminded me how difficult dealing with the Family and Medical Leave Act is. Thus I wanted to republish this post from earlier this year to perhaps answer some questions. Thanks to Jeff Nowak for being …

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