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Avoid Potential Lawsuits by Calling an HR Professional
HR Stories From The Front Lines*
Have you ever wondered why we encourage you to call an HR Professional before every termination? Simple. 85 percent of all employment lawsuits can be prevented just by making one simple call. Sounds too good to be true, right? This story illustrates how one simple call to our HR Professionals saved a company from not one but several potential lawsuits.*
Do you have an HR question keeping you up at night?
The following question was submitted to our HR Professionals in the past month …
Question #1
We have three employees who have been out of work due to serious health conditions. We have not provided any of these employees with FMLA paperwork, but all of these employees have worked for the company for over a year.
Are we required to continue the employees’ healthcare benefits during their time off?
Question #2
We have an employee who requested accommodations for him to return to work or to extend his leave of absence. Right now, he has exhausted his FMLA and has been on leave for about 8 months. If it is difficult for the business to accommodate this request, could we simply extend his leave till further restrictions (like the requirement of a chair while working.) are removed?Are there any liability risks to the business that we should be aware of if we simply extend this leave?
Managing leaves can be complex, especially when multiple leave laws may apply to a situation.
You are the owner of two restaurants that are approximately 40 miles apart. You employ 35 employees at one location and 25 employees at the second location.
Sally has worked for your company for two years as a server. In the past 12 months, Sally has worked a total of 1485 hours.
Yesterday, Sally slipped in the kitchen and twisted her ankle. According to her doctor, she needs to be off of her feet for 6 weeks for her ankle to heal.
To further complicate matters, Sally is 6 months pregnant and is planning to take time off after the baby is born for post-partum recovery and baby bonding.
How do you handle Sally’s leave of absence request?
The leave of absence should be categorized as:
Family Medical Leave Act – She has a serious medical condition that prevents her from working.
State Pregnancy Disability Leave – She’s pregnant and disabled so this leave must apply.
Workers’ Compensation Leave – She was hurt on the job, so it has to be designated as workers’ comp.
Americans with Disabilities Act – Since she is disabled, she would have protections under this law.
