new2hr: My Plant Manger has posed the following questions. I am new at this and don't have an ounce of real world experience. Any advice is great appreciated. " If we have an employee that admits he/she is on drugs, and goes to rehab. Can he/she return to work no questions asked? Do we get any paperwork from them? Do we drug test them?" Thank you! Most people test as a requirement prior to resuming duties.

new2hr: Thanks for the info. The 90 day thing is just that they were hired as temps and would not be eligible for perm. employment until 90 days. They were all given written statements regarding "employment at will" What we ended up doing was putting the employee on suspension pending the outcome of the indictment. Considering he was charged with assault and armed robbery, we are concerned for the safety of our employees. Thanks again! Recommend checking with counsel if you are suspending without

SubGrapHR: Can someone please elaborate on the difference between the two other than the tax obligation on the employer end for the W2 contractor. I am struggling to see how people get away with this classification. Any elaboration and/or advice would be appreciated as there is a push within my firm to start alternative contracting methods. Generally, if the person is on payroll , they are not a contractor, by definition. As with nearly all Federal stuff, each case has to be weighed on its own merits

single state or multi-state? Many more dentists take it than are listed on their website.

Good. The website you used is good and a lot of times we can avoid uncomfortable compliance/risk-avoidance questions through thoughtful accommodation without just caving in on everything, either.

My resume is always up even while I'm employed. You never know when you will get a better deal. That's the nature of things now. Employers generally do not feel compelled to do everything they can to keep people on staff; people should not feel compelled not to hang out their shingle. More immportantly, having your resume up is not evidence of an active job search. I think employers can fire employees who post their resumes on job search boards and I don't think they can be sued for that practice.

indhr01: Yes, 41 is total employees. I've checked the JAN website regarding accommodation. Thank you. Problem resolved?

indhr01: An employee is missing more and moreworkdays due to her having MS. The organization only has 41 employees so doesnot meet the threshold for FMLA . If the attendance policy is followed, she willbe terminated. We would like to be kind to her but her absences are impactingother employees who must pick up her workload. What options, if any might weconsider other than termination based on the attendance /disciplinary policy? Is 41 headcount total for your whole organization or for your specific

Then they aren't violating your absence notification policy. You'll have to call them to find out whether or not their absence is FMLA qualified. At that time, you should simply request that they also call HR after calling their supervisor or, if you trust your supervisor to relay information, request they inform the supervisor if the absence is FMLA related or not. You could also change the notification policy.

LR9500: Our company has a problem keeping up with intermittent FMLA . When they leave a message saying they will be out do we record it as an FMLA absence or should we count it as a pto/vac day? Can we require proof that they were at the drs ofc, therapists, etc? I have looked thru the rules and regs and have not been able to see any definitive answers to these questions. Any other suggestions? Does your absence notification policy say that they have to say why they are out?