Jerry Leemkuil

Today Federated Insurance is sharing one of our “HR Questions of the Month” regarding employment-related practices liability issues.

Question: An employee was stung by bees while working outside. The employee refused medical treatment, and the company submitted the workers’ compensation claim as first aid only. The employee was given the rest of the day off with pay, and offered modified duty until they felt ready to go back. The employee went back to work the next day with no problem. Could the company have recommended that the employee take an antihistamine? Since medical treatment was refused, all the company had available was OTC/first aid.

How to Proceed When an Employee Candidate Discloses an Injury Requiring Months of Rehab

Today Federated Insurance is sharing one of our “HR Questions of the Month” regarding employment-related practices liability issues.

Question: Our firm is in the process of interviewing candidates for an associate position. We have held phone interviews with several candidates and selected some of them for in-person interviews. One of the candidates selected for an in person interview has shared the following information with us: Thank you for confirming. Before we meet, I’d like to disclose a recent injury. Approximately 3 weeks ago while playing recreational basketball, I suffered a ruptured Achilles and subsequently had surgery performed. I have been using PTO from work since the injury and will be on doctor ordered leave for at least the next week or two. An Achilles rupture is a very serious injury and I will be facing anywhere from 4-6 months of rehab going forward. The description of the position seems like such a great opportunity that I didn’t want to pass up the offer for a phone interview. I hope this will not hinder the process but I wanted to make sure you knew my situation up front. We have mentioned to all candidates that we seek to have the new position filled in the next 4 weeks. If the person is on medical leave, I’m not sure they will be able to come in to our office for an interview. How would you suggest we handle this situation?

Today Federated Insurance is sharing one of our “HR Questions of the Month” regarding employment-related practices liability issues.

Question: An employee was written up for calling out sick but the employee had a doctor’s note excusing them from work. What is the legal way to withdraw a write-up from an employee’s file?

Today Federated Insurance is sharing one of our “HR Questions of the Month” regarding employment-related practices liability issues.

Question: An employee came back from the chiropractor with a handout of specific ergonomic measurements for her work station, stating that the employee’s back problem – a previous condition – is being exacerbated by what she is doing at work. The company’s office is state of the art, and designed with ergonomic considerations. The employee sits at a station to type, and turns her head to address patients, versus turning her chair and whole body. The employee also wants to have the computer screen higher, despite the desk and screen currently being set at the proper height. The company feels that the issues are caused by the employee not using the equipment properly, versus facilities that are being provided. What does the company need to document or purchase now, to ensure it does not get a future claim for the employee’s back issue?

Our company has recently instituted a new policy for requesting time off when another employee is already scheduled off and/or an employee who covers for the new requester’s time off will be covering someone else and/or on vacation themselves consecutively with the new request. We have limited employees and only a few employees that cover for other employees. We have implemented that no two employees may be off at the same time and that all employees must review the vacation calendar prior to submitting a request for time off. All employees have access to the vacation calendar and it is updated each time a request has been approved. If an employee needs to request time off during either of those situations, we have requested that the employee provide a reason that they need off so that we can make a determination whether or not to approve the request.

Can the company request an employee, including a pregnant worker, to sign a waiver from liability, due to potential danger of on-the job injury sustained or harm sustained, at the hands of a mental health patient who is a resident of our facility? Would a request for waiver of liability expose the company to pregnancy discrimination, based on terms of employment, work conditions, or any other employment terms?

One of my staff went almost 7 whole days without clocking in or out on our web-based time card system. She said it was her computer but it mysteriously started working the day after my accounting person pointed it out to her. We’ve been unhappy with her work performance and reliability (late almost every day). I want to start documenting for when we do let her go so there is no recourse for her to file. Her supervisor wants to try to avoid paying unemployment, if that is even possible. I have one item in her file already from last October that we had her sign regarding her tardiness. Do you have advice on what I should do to document to her file? She is not in any of the protected classes as far as I am aware. Does she have to sign the warning for it to be official or can I just tell her I put a note her in file?

An employee recently finalized her divorce and has provided the court record with her new name. Can I change her name on her personnel records before she provides the updated social security card and other ID?

Are we at risk if employees’ timecards are consistently showing a “generic” schedule of 8am – 5pm with an hour lunch? Even if the employee is entering the time themselves manually onto a timesheet?