HR Compliance Questions of the Week

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FMLA and Maternity Leave

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Question:   I am pregnant and am looking to take some time off after the baby is born under the Family Medical Leave Act.  I have worked for my employer for over 3 years off and on but they aren’t consecutive. Do I still qualify for FMLA? Answer: Everyone’s favorite HR answer….Maybe!  In order to be […]
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Excessive Absenteeism

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I have an employee with excessive absenteeism and tardiness due to her pregnancy. She has been with the company less than eight months. Per her physician's request she has been asked to stop working and has asked us for a leave of absence for six to eight months. The company can not afford to hold this position for such a long time. What are our legal obligations?
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Am I Required to Offer COBRA?

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Question: How do I determine if I have to offer COBRA to our employees for their health insurance? We are ‘on the bubble’ with 21 employees this year, but some are part time.  Answer: According to the Department of Labor, group health plans for employers with 20 or more employees on more than 50 percent […]
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Voluntary Classification Settlement Program

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Question: What is the new Voluntary Classification Settlement Program (VCSP) and what, if anything, does my company need to do? Answer: The new Voluntary Classification Settlement Program (VCSP) was developed by the IRS to provide payroll tax relief to employers that reclassify their workers (as employees) for future tax periods. Part of the Fresh Start initiative […]
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Clark Schaefer Strategic HR's wheel of HR Services, including HR Strategy, Recruitment, Training & Development, Benefits & Compensation, Communications, Employee Relations, Recordkeeping, and Health, Safety & Security

The Pros and Cons of Using a “Release” During a Termination Case

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Question: What are the pros and cons of using a “release” during a termination case? Answer: Many companies assume that an employee termination automatically means offering the employee severance pay and a separation agreement with a release of claims to avoid a potential employee lawsuit.  There are certainly advantages to the use of separation agreements […]
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