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Tips & Tactics -- Attendance Issues
10/19/2010
By: Donald Berner

It seems that everywhere I go this time of year I run into tables set up for the sole purposes of making sure I have taken a flu shot.  Every retailer now seems to operate its own medical clinc for sole purpose of charging us for one of these fun flu shots.  This reminds me of the oncoming winter season and the increased level of employee absences for illness or family illness-related reasons.  So whether you take a flu shot or not, the flu season is on the doorstep.  Here are a few thougths for the season:

1.  React early to an attendance problem.  Don't allow an employee to miss work on multiple occasions before applying your attendance policy to the situation.

2.  Make sure you have a good understanding of what is driving the absence.  Is there an illness issue for the employee or is it a family member concern?  Is this the type of condition that might trigger an FMLA leave situation if you are covered by the FMLA? 

3.  If there is an FMLA leave situation at play, designate the leave and get it counted against the employees FMLA leave allowance.  And make sure any discipline process is reviewed and withdrawn.  You don't want to issue discipline for time off that is protected by the FMLA.

4.  If there isn't an FMLA situation or a concern under the ADA, issue any discipline required by the attendance policy without delay.  Don't get caught up in the story or the particluar situation. 

Dealing with employee attendance concerns in a prompt      Continue Reading...

 
Texting and Driving
10/12/2010
By: Donald Berner

Distractions in the workplace can be deadly.  Employees can injure not only themselves, but also co-workers, or even a customer or other innocent bystander.  Most employers have work place safety rules designed to eliminate (or at least reduce) workplace accidents.  With all that said, one area where employers (and the general public) seem to struggle is in eliminating distractions from vehicles. 

The Occupational Safety and Health Administration (OSHA) is charged with ensuring workplace safety for employees.  In a recently announced initiative, OSHA is now focused on making sure texting while driving for work is eliminated.  OSHA's initiative joins a long list of states enacting laws to prohibit texting while driving as well as several other federal government initiatives to restrict federal employees and commercial vehicle drivers from texting while behind the wheel.  In its open letter to employers, OSHA states that employers have a legal obligation to have a "clear, unequivocal and enforced policy against the hazard of texting while driving."  OSHA's position on the issue is very clear.  Employers should pay heed to this October 4, 2010, announcement and ensure texting while driving for company business is eliminated. 

For those employers with a good policy prohibiting distracted driving, you should already be in compliance with OSHA's policy initiative.  If you have not adopted a distracted driving policy, now would be a good time to draft and implement one.  A good distracted driving policy prohibits texting, emailing, and/or the use of a hand-held phone while driving.  It is important to make sure your written policy is in place and well-communicated to your      Continue Reading...

 


Authors
Don Berner Image
Don Berner, the Labor Law, OSHA, & Immigration Law Guy
Boyd Byers Image
Boyd Byers, the General Employment Law Guy
Jason Lacey Image
Jason Lacey, the Employee Benefits Guy
Additional Sources
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