Scheduling Blog (page 3)

If an employee returns to work on a day following a paid holiday after an approved un-paid leave should he/she be paid for the holiday?

The answer to this question is related to two factors: whether the leave was FMLA or non-FMLA and if the holiday and the first work day were in the same payroll week. In the case of FMLA approved leave the…

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In employee-to-employee discussions is it inappropriate for one employee to complain about another employee’s use of FMLA?

This is absolutely illegal and the employer must put a stop to it immediately. The FMLA, in addition to permitting 12 weeks of unpaid leave, protects employees from harassment by employers or coworkers for using FMLA. The law looks on…

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What is the accepted and appropriate way to pay for travel time? Is it legal to pay employees a different rate for travel time?

Under Federal Fair Labor Standards, employees need not be paid to travel between their home and work. When work requires travel between worksites they must be paid. If the workers are required to report to the office, the office is…

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How can we be sure our employees receive their “holiday benefit” when some of them are required to work on holidays to meet client demands?

Common practice is to pay 8 hours of holiday pay in addition to the hours worked during the holiday week. Holiday pay does not apply to overtime calculations. Some companies will give the employees who work a day off in…

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How do we document underperformance for an employee that is “not working out”? We have only 10 employees.

HR issues can be a real headache for small businesses. It might be a good idea to take some HR classes to prepare for future HR issues. State laws vary, making it important to be aware of specific state regulations.…

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An employee simply left work without telling anyone. We called him and he said his supervisor had been less than nice when talking to him so he said he quit and left. How do I list this in his file?

The employee’s file should reflect the fact that the employee voluntarily quit. This is, in fact, the truth since you did not fire the worker. A voluntary quit will disqualify the worker from unemployment benefits and prevent the company from…

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Define “Terminated” versus “Laid off” for employees whose job function has been eliminated.

Some state agencies and companies view the term “Terminated” as meaning “fired for misconduct”. Other organizations have a much simpler meaning – “Terminated” means “no longer working for the company” without any additional implication. It is safer (from the employee’s…

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I need some clarification about temporary layoffs, notification requirements, bringing back laid off employees and reporting requirements.

The WARN acts (Worker Adjustment and Retraining Acts) apply to both permanent and short term layoffs when a facility will be closed. If you are laying off 100 or more workers you must give 60 days notice to the employees,…

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As an HR employee I already knew and congratulated an employee before the promotion was formally announced. Three days later I was fired for releasing confidential information. Was this legal?

This action by the employer was not wrongful termination. While there are no laws that require confidentiality about promotions, many companies have such a policy in place. Discussing the promotion prematurely (apparently in public) you showed poor judgment that caused…

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