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HR Helpline callers ask about
. . . hiring and firing
Pam Holleman, our HR
Information Manager, shares some of your recent questions on the
subject of hiring and firing:
- What types of
questions should I avoid on applications and pre-employment
interviews?
- When is it a bad
idea to terminate an employee?
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FMLA Expanded for US
Soldiers' Families
On January 28, 2008, President
Bush signed into law the National Defense Authorization Act for
Fiscal Year 2008. The new law expands protections under the
Family and Medical Leave Act (FMLA) for the family members of U.S.
soldiers.
The first change allows an employee who is a
spouse, child, parent, or next of kin (nearest blood relative) of a
covered service member to take up to 26 weeks of FMLA leave to care
for the covered service member suffering from serious injury or
illness that occurred in the line of duty.
The law
also entitles an employee who is the spouse, child, or parent of a
service member who is on active duty or has been notified of an
impending call or order to active duty, to 12 weeks of FMLA leave in
cases of any “qualifying exigency”. The new law does not yet
define what “qualifying exigency” means for purposes of determining
whether an employee is eligible for the 12 weeks of FMLA
leave. While the Department of Labor (DOL) has encouraged
employers to begin granting this leave to qualified employees in
these circumstances immediately, the amendment does not take effect
until the clarifying regulations are adopted.
See the complete
Family and Medical Leave Act as amended on January 28, 2008, on
the Department of Labor’s website.
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Proposed Rulemaking to amend
the Family Medical Leave Act (FMLA)
The U.S.
Department of Labor issued a notice of proposed rulemaking to amend
the Family and Medical Leave Act (FMLA) on February 11. The goal of
the proposal is to help employers and employees better understand
their rights and responsibilities. Among the many proposed changes,
it is clarified that time spent performing “light duty” work does
not count against an employee’s FMLA leave entitlement. There
is also clarification on practices of substitution of paid leave.
Another change prohibits employees on
leave of absence from being eligible for perfect attendance
awards. Also, employees must provide proper call-in notice to
their employer when there is a need for FMLA. And, the medical
certification process is better streamlined; to help employers get
the information they need to complete all necessary paperwork.
Read this more
detailed summary on the Department of Labor's
website.
Employers are invited to make
comments on the proposed rule changes until April 11, 2008.
Find out how to submit your comments or simply view the federal
registry in its entirety.
In the
courts -
Trade Secrets and Former
Employees: Memorized Client Lists Can Still Be Protected as a
Secret
The Supreme Court of Ohio has ruled that the
use of a memorized client list by a former employee can constitute a
trade secret violation. The specific question before the Court was
whether trade secret information loses its character as a trade
secret if it has been memorized. Read
what the court decided and what it means for
employers.
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Have you tried our new
online HR training yet?
The Illinois Chamber now offers online,
on-demand HR compliance training! We have made arrangements with
emTRAiN, the leading provider of online, on-demand human resources
compliance training, to provide you with an affordable, accessible
way to train your supervisors and managers consistently on key HR
topics.
Chamber members receive 20% off for
such outstanding courses as
- Preventing Harassment in the
Workplace
- EEO/Preventing Discrimination
- Lawful Terminations
- Fostering Diversity
- Disability
Discrimination
For more
information:
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In memoriam: For
many years, the HR Illinois Exec was compiled by Susan and Wood McComb, whose consultancy
business worked with the Illinois Chamber of Commerce for more than
10 years. Susan passed away in 2006, and last week Wood McComb, 71,
of Springfield died on Feb. 26 at his home.
Wood's
contributions to the Illinois Chamber were many. While his role was
behind the scenes, his direct value to the staff and the association
has been immeasurable and he will be greatly missed. The HR
Illinois Exec team in particular is grateful for Wood and
Susan's leadership in establishing this newsletter's quality and
popularity.
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Register for
Illinois Chamber of Commerce HR Seminars!
Hire the Best,
Handle Problem Employees, and Fire Properly Seminar
Tues Mar 11 in
Collinsville
Wed Mar 19 in
Chicago
8:30 am - 4:30
pm
$249 members, $299
non-members
Supervisor
Training: Managing a 21st Century
Workforce
Thurs Mar 13 in
Willowbrook
Thurs Mar 20 in
Chicago
Thurs Apr 10 in
Collinsville
8:30 am - 4:30
pm
$249 members, $299
non-members learn
more and register |
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Immigration Law
Seminar
Tues Apr 15 in
Willowbrook
Wed Apr 16 in
Chicago
Thurs Apr 17 in
Collinsville
8:30 am - 1:00
pm
SAVE THE DATE!
Thursday, May 15
2008 Healthcare Conference
Challenges - Reforms -
Innovations
The most important healthcare conference for
Illinois employers
in 2008!
more details
soon
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Are your employment law practices and
mandatory posters current?
Rely on the Illinois Chamber
to help you stay up to date
and
in compliance!
Call
866.817.7865 or go
to
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In no event shall the
Illinois Chamber of Commerce and its related, affiliated and subsidiary
companies, be liable for any direct, indirect, special, incidental, or
consequential damages arising out of the use of its business services or
products including helplines. For our full disclaimer, go to www.ilchamber.org.
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