Month: November 2018

Holiday Party Useful Tips to Consider

Some employers have moved away from holiday parties. However, many, including BS&W, continue to host holiday parties for employees, and some even continue to provide adult beverages at these parties. Below are some useful tips to consider if you do so.

Explain to management that they are “on duty”:

  • They must watch drinking and related behavior
  • Remember professional boundaries
  • No touching (preferably even when dancing)
  • Do not drive employees home after the party, regardless of how intoxicated they appear
  • Do not “after-party” with staff
  • “No” means no
  • Use the “mom test” (i.e. if you wouldn’t do/say it to your mom or in front of your mom, then don’t do/say it at the function.)

Continue reading “Holiday Party Useful Tips to Consider” →

Be Very Careful What You Say to an Employee About FMLA Leave: You May Create a Claim That Otherwise Would Not Have Existed.

We all know that the in addition to requiring an employer to provide unpaid leave for up to twelve (12) workweeks and reinstatement upon return, the FMLA also prohibits an employer from interfering with an employee’s exercise of their rights under the FMLA. In order to be eligible for the protections of this Federal law, an employee must generally have worked for the employer for twelve months and 1,250 hours. However, employers can easily say or do things that can create an FMLA claim by employees who would ordinarily not be eligible for the protections of the Act.

By way of example; on January 25, 2017, Brillion Rest Home hired Angel Reif as an Administrator. In December of 2017, Ms. Reif informed her employer that her physician recommended that she have surgery to repair an old leg injury. Brillion’s HR Director informed Ms. Reif that although she would not be eligible for FMLA until January 25, 2018, it would be more convenient for Brillion if Ms. Reif would go ahead and have her surgery as soon as possible. The HR Director told Ms. Reif that “she should not worry about taking leave before January 25, I’m sure that it will be approved.” Continue reading “Be Very Careful What You Say to an Employee About FMLA Leave: You May Create a Claim That Otherwise Would Not Have Existed.” →