Quiz 2 Flashcards
Protected Classes
Race Color Religion National Origin Sex (gender) Pregnancy Age Disability
Employment at will doctrine
Employees of SA considered at will.
Arrangement may be terminated at any time with or without cause.
Initial employment period vs. probationary period
Initial Employment - 3 months
Probation - once they get past the three months they think it is permanent. NO one is permanent.
FMLA purpose
provides job protection during absences and allows employee to maintain health benefits.
DOL
ADA purpose
prohibits discrimination based on disabilities
EEOC
FMLA Eligibility
12 months and 1250 hours prior to the start of the leave
ADA Eligibility
qualified for the position and can perform the essential functions of the position with or without reasonable accommodation.
FMLA Length of Leave
12 wees in the 12 month period.
SA policy a rolling 12 month
ADA Length of Leave
No specific limit, will be provided for reasonable accommodation if it does not create hardship on employer
FMLA Circumstances (6)
Birth of child
Placement of child (adoption)
Care of spouse, son/daughter, parent with serious medical condition
Personal serious health condition
Active Military called to duty
Care of spouse, son/daughter/parent injured on duty
Practical Suggestions for managing leaves
supervisors must notify HR
HR to determine whether employee is covered under FMLA and initiate forms
Supervisors must notify HR when….
employee absent for 3 days
Employee inured at work
supervisor informed employee may be out - FMLA qualified
Employee absence related to disability
Get an ‘A’ on your report card
Wage complaints Allegations of wrongdoings by others Disclosure of medical information Accommodation or leave requests Evidence of union activity Government communications Lawyer communications Signs of workplace violence
Tips for writing job descriptions
Focus solely on the job not on the person Use action verbs Clear and appropriate language Allow for flexibility List job tasks by priority Be specific Have reasonable expectations Be consistent Obtain input from others Include a miscellaneous clause
Importance of a well-written & updated job description
Establishes responsibilities Establishes performance guidelines Limits legal exposure Helps establish pay levels Serves as a tool for recruitment Evaluate employee performance comply with EEO and non discrimination laws