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  • Re: FMLA undesignation

    According to BLR's website: Some courts have held that employees are entitled to FMLA protections based on representations made by the employer, even if the employer’s representation is based on a mistaken designation. See Murphy v. FedEx National LTL, Inc., 618 F.3d 893 (8th Cir. 2010); Daniel Dobrowski v. Jay Dee Contractors, Inc. (6th Cir. 2009). Based on the legal principle of “equitable estoppel,” these courts in these cases require that even if there is no specific legal requirement of FMLA
    Posted to Benefits & Leave (Forum) by HR36 on February 19, 2013
  • Re: Employee Rights Notice- Required Poster?

    Hi Amy: The Board's coverage is based on interstate commerce levels. It is so minimal that you are most likely covered, but see to judge for yourself. The date for posting the new noticee is also a moving target, see Hope this helps!
    Posted to Unions (Forum) by HR36 on January 11, 2012
  • GINA and Sick Leave

    I was wondering how many HR folks were aware of the impact of GINA (the Genetic Nondiscrimination law) on sick leave policies. Sounds like if we require a doctor's note for absences of more than two or three days, we must include a GINA safe harbor statement with the request for the note (see BLR article at ). I was unaware of this rule. Anyone else?
    Posted to Benefits & Leave (Forum) by HR36 on August 5, 2011
  • Re: FML Abuse

    If the employees absence "casts doubt on the validity of the certification" the employer may be able to request recertification less thaqn every 30 days (see DOL opinion letter May 25, 2004 FMLA 2004-2-A) The FMLA regulations at §825.308(a) limit recertification for pregnancy, chronic, or permanent/long-term serious health conditions, when no minimum duration of incapacity is specified on the medical certification, to no more often than every 30 days, provided the recertification is done only in
    Posted to Benefits & Leave (Forum) by HR36 on May 19, 2010
  • Re: mandatory direct deposit

    Employers may mandate direct deposit into an employee's bank or other financial institution as long as the employee has access to the full amount of wages on payday and incurs no additional costs ( KY Rev. Stat. Sec. 337.010 ).
    Posted to Compensation (Forum) by HR36 on September 23, 2009
  • Re: Advice for writing narrative when AA/EEO goals not met

    When writing your narrative toward meeting goals, don't "confess" to underutilization (don't speak the word). Simply state yes or no to the question of whether you must establish a goal. How about recruiting efforts, outreach, advancements and promotions, or training for advancement of minorities, women, disabled employees? Anything you can offer to show that your organization is making that good faith effort will help (even if your current numbers do not demonstrate a statistical improvement yet)
    Posted to Discrimination (Forum) by HR36 on February 5, 2009
  • Re: FMLA - Reason to take leave

    It really depends on how serious and whether the employee can certify a serious health condition. The new FMLA regs have rules for out of the country certification. I would use the new DOL medical cert form for employees ( ) to determine if the condition qualifies for FMLA leave. My understanding of the new FMLA regulations is that in circumstances in which the employee is using a foreign doctor, the employer must accept a medical certification from a
    Posted to Benefits & Leave (Forum) by HR36 on January 28, 2009
  • Re: Background Checks

    According to guidelines issued by the Ohio Civil Rights Commission, it is discriminatory to ask job applicants about arrests that did not result in convictions, unless a bona fide occupational qualification is certified in advance by the Commission ( OH Rev. Stat. Sec. 4112.02 ). It is permissible to ask prospective employees about convictions. The only exception is a conviction record that has been sealed, unless the employer shows that the record has a direct and substantial relationship to the
    Posted to HR Administration (Forum) by HR36 on January 8, 2009
  • Re: Notification of termination while on STD Leave... please advise

    There is the WARN Act, if the layoff fits the criteria. OWBPA applies to all employees over age 40 (I believe) that are being offered a severance/benefit in exchange for a waiver/release of potential claims. I do not believe it matters whether the employee being terminated is currently on STD or not. Be careful on this, but I do believe that notice is in order.
    Posted to Benefits & Leave (Forum) by HR36 on October 29, 2008
  • Re: Sandler Assoc. - Has anyone used them?

    Sorry - have not heard of the organization.
    Posted to Staffing & Training (Forum) by HR36 on October 29, 2008
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