Day: January 11, 2012

9 Secrets For Coordinating Leave Under the FMLA and ADA

By Peter Susser, Esq. HR professionals may often see the following scenario: An employee is granted FMLA leave to treat a serious health condition that poses long-term restrictions and limitations; 12 weeks pass; the employee fails to return to work; company terminates employee under a “no-fault” absence policy.  The employer granted the full 12 weeks […]

Who is GINA and Why Do I Care If She’s on Facebook?

GINA is, of course, the Genetic Information Nondiscrimination Act, says attorney Peter Lowe, and you do care about GINA and Facebook, because Facebook pages are likely to reveal prohibited genetic information. What is GINA: The Genetic Information Nondiscrimination Act prohibits employers from collecting genetic information or discriminating based on genetic information. Genetic information includes information […]

Interesting COBRA Implications, and Silver Lining, Are in New W-2 Reporting Guidance

New guidance on a group health coverage reporting requirement raises some important issues regarding COBRA coverage and provides a silver lining for employers, who should be able to use their current COBRA premiums to determine the reportable cost of health coverage — making the new burden of this requirement a little easier to bear, according […]

Expired FMLA Forms OK for Now

The calendar now says 2012, but employers may notice that their Family and Medical Leave Act (FMLA) forms from the U.S. Department of Labor (DOL) carry a December 31, 2011, expiration date. What to do? For now, just keep using the old forms. The DOL’s Wage and Hour Division (WHD) has submitted the forms for […]

Compliance with Employee Privacy Laws: How To Create an E-Monitoring Policy

Employers wanting to be in compliance with employee privacy laws should ensure that employees understand that e-monitoring policies affect the employee’s reasonable expectation of privacy. In other words, if employees are told that their electronic communications will be monitored, then they cannot reasonably expect that they will be private. In a CER webinar titled “HR’s […]

Pressure To Resign Following Postpartum Depression? Bad Idea

A spa director sued for pregnancy discrimination after she allegedly was pressured to resign following her leave for postpartum depression. The employer asked the court to compel arbitration in accordance with an arbitration provision in the employment application. Was the arbitration agreement enforceable?