Federal Law Alert: Voting Leave Compliance

Election Day is almost here, so as an employer, now is a good time to brush up on voting leave laws. Most states require that employers provide at least a few hours off to vote, and many of those require at least some of that time off to be paid. The advance notice...

Can we cut a performance improvement plan short if the employee’s performance issues have gotten substantially worse?

Answer from Janelle, SHRM-CP, SHRM-PMQ: In general, yes. When an employee is on a performance improvement plan (PIP), and their performance has not improved and has, in fact, gotten worse, it is perfectly reasonable to cut the timeframe of the PIP short and move...

Can we ask references about an applicant’s previous use of sick time? We’d like to get a sense of their reliability.

Answer from Emily, MBA, SPHR: No, you shouldn’t make any inquiries into an applicant’s history of calling in sick. Asking about absences because of illness or injury before extending an offer of employment runs afoul of the Americans with Disabilities Act because it’s...

An employee who opted not to be on our medical plan is about to have a baby. Would this event allow the employee and their newborn child to enroll in our plan?

Answer from Bethany, SPHR, SHRM-SCP: It would, yes. The birth of a child is a HIPAA special enrollment right, meaning the employee, their spouse, and their newborn child may enroll into the medical plan midyear. However, it’s a somewhat common misconception to assume...

I know that most of the federal employment discrimination laws kick in when an employer reaches a certain number of employees. How do we count that number?

Answer from Marisa, SPHR: According to the Equal Employment Opportunity Commission (EEOC), you should count every employee who has worked for your organization during at least 20 calendar weeks in the current or previous year. Those 20 weeks don’t have to be...

Can we discipline an employee for working for another employer during FMLA?

Answer from Megan, JD, SPHR: Yes, in two circumstances. First, you can discipline the employee if their other job violates your outside employment (aka moonlighting) policy. Second, you can discipline an employee who obtained FMLA leave fraudulently. If, however, you...