Federated Insurance

Federated Insurance

The "HT Express Update" is provided by Enquiron, a company wholly independent from Federated Insurance. Federated provides its clients access to this information through the Federated Employment Practices Network with the understanding that neither Federated nor its employees provide legal or employment advice. As such, Federated does not warrant the accuracy, adequacy, or completeness of the information herein. This information may be subject to restrictions and regulations in your state. Consultant with your independent advisors regarding your specific facts and circumstances.

Bonus for Not Using Sick Time Okay?

Posted in: Truckstop Business, Human Resources

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

Question: We currently have a policy that provides that in the event an employee maintains the maximum accumulation of sick leave of 240 hours and does not use any sick leave during the calendar year, that employee shall receive a $200 bonus payable at the end of the year. Is this a concern for employment practices? We do not intend to discourage sick employees from using their time, rather to reward employees who do not abuse the current sick leave policy and have been healthy enough to accumulate their sick time, which they are allowed to use if they incur an injury but cannot get paid out (for unused hours) upon separation.

Employee Dying to Make Our Workplace More Colorful

Posted in: Truckstop Business, Human Resources

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

Question: We have a staff member who has dyed her hair bright blue, purple, red, yellow (up to and including her eyebrows). How acceptable is this in the work place?

Indefinite Leave. Can You Terminate?

Posted in: Truckstop Business, Human Resources

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

Question: Our employee has tendonitis. His condition has not seen any improvement, if anything he has experienced regression. To date we have conducted two ergonomic assessments. We made the recommended adjustments following both assessments. We have also accommodated the employee throughout his employment with modified duty and modified schedule as dictated by the employee's physician and the employee's feelings for what he can undertake day to day. The employee’s work hours since December of 2016 have averaged 20.65 hours/week. Because of this reduction in work hours and the volume of work he is producing, we have hired a new full-time employee to handle what the employee has not been producing, as well as to meet the overall increased work load demands of our engineering department. We have three employees in this group and our work volume is such that we need all three to be productive 40 hours each week. However, we are not able to spread this out evenly and the other two engineers are having to work in excess of 40 hours to handle the volume that the employee is unable to produce. This employee sent an email today advising that “both of his hands are pretty messed up now, to the point that I cannot move them without being in a lot of pain. I cannot work anymore and I do not know if or when I will be able to. The medications I’ve been given are doing a bad job of dulling the pain, and it continues to get worse. I have a physical therapy appointment on Monday and a primary care appointment on Tuesday. I don’t know if they will help to get me back to work, and I don’t know when that will be.” We are really struggling with how to move forward properly with this employee and would really appreciate some guidance here.

Position Changed. What Do We Do With The Employee?

Posted in: Truckstop Business, Human Resources

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

Question: We hired an employee last year. The company was looking for someone with a certain background. However, since then, our company has changed directions and will no longer require someone of this caliber. We will be keeping the position but changing the rate and experience to less than what the current employee is at. Can we terminate for these reasons? If not is there another way that we can handle this?

Human Resources Question of the Month: We Dropped Under 50 Employees, Does FMLA Still Apply?

Posted in: Truckstop Business, Human Resources

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

Question: Our company recently made some changes, and we no longer have more than 50 employees. How do we handle our prior FMLA obligations (50 or more employees)? Do we have to wait a certain time period before we no longer are required to provide FMLA leave?

Response: Yes, if an employer drops below the 50-employee threshold typically required for Family and Medical Leave Act (FMLA) coverage, indeed there is a certain time period that an employer must wait before it ceases being a covered employer for purposes of the Act. The employer will need to comply with its obligations under the FMLA as to any eligible employees, until such time as it is no longer a covered employer...