Many employees request leave and may not assert their FMLA rights, they don’t need to. While managers require the employees to provide a general reason for the requested time off, it’s our responsibility to identify leave requests that may qualify for FMLA leave.
Please remind managers to:
- Listen to leave requests that may fall under FMLA, including “family emergency”
- If an employee is out for sick leave for three or more days, contact OHR, LeaveAdministrator@osu.edu
- If an employee is out for doctor appointments often, for themselves or a family member, contact OHR
ICE is increasingly bringing cases against employers under the criminal code, rather than civil penalties. Remember, penalties for poor documentation can cost up to $1,000 per worker/document. Please remember to review employee documentation ensure they are on the updated version of the I-9 list of acceptable documents (www.uscis.gov/I-9); If you make copies of I-9 documentation, keep the copies and be consistent; Require all employees to complete section 1 of the I-9 on their first day of employment.
Job interviews may be tricky; one wrong question could lead to a discrimination lawsuit. Remind managers to avoid asking the following questions:
- If you’re single, are you living with anyone?
- Are you married? Divorced?
- How old are you?
- Do you have children? If so, how many and how old are they?
- Do you own or rent your home?
- What church do you attend?
- Do you want to worship at my church?
- Do you have any debts?
- How much and what kind of insurance do you have?
- Do you suffer from an illness or disability?
- Have you been hospitalized? What for?
- Have you ever been treated by a psychiatrist or psychologist?
- Have you had a major illness recently?
- How many days of work did you miss last year because of illness?
- Do you have any disabilities or impairments that might affect your performance?
- Are you taking any prescription drugs?
- Have you ever been treated for drug addiction or alcoholism?
- Do you plan to get married?
- Do you intend to start a family?
- What are your daycare plans?
- Are you comfortable supervising men?
- What would you do if your husband were transferred?
- Do you think you could perform the job as well as a man?
- Are you likely to take time off under FMLA?
Remind managers, if a candidate reveals information during an interview that you’re not allowed to ask, do not pursue the topic! We will be unable to defend in court, “well, he/she brought it up in the interview”.
The HR Specialist, Special Edition, July 2015
Welcome to the inaugural edition of the CFAES HR Only Blog! We are excited to launch this blog with the hope of keeping our HR team on one accord despite our geographical structure. This blog will be published monthly and will include information for HR professionals throughout the college and the university. Our goal is to make this blog a team effort. If there are articles, new policies or changes to existing policies, etc., that you believe would benefit the entire group, do not hesitate to forward them so that we can upload them to the blog.
Please distribute the following flyer to all student employees returning from summer break. This will ensure a swift transaction back to an active pay status. Contact your HRP with questions.