Quiz #2 Flashcards
Why is a good job description important?
Career development Legal exposure limited ADA determination Performance guidelines established Planning process Pay levels established
Responsibilities established
Recruitment tool
Expectations told
Fair Labor Standards Act determined
Explain non-exempt employee
Hourly
1.5x pay for over 40 hours WORK
cannot volunteer
Comp time is limited circumstances
Explain exempt employee
Salaried Must comply with work schedule Time sheets completed to track work days Can only dock if no work is done on that day (can only dock full days) Can't be docked if late Must use full or half day for absence Comp time at a minimum
What to include on a job description
Physical requirements Employment status Signatures Title Special considerations
Duties/Responsibilities
Qualifications
What is employment at will?
SA can terminate at any time without cause
No unemployment
What words should you use instead of probation period?
Initial employment period
What words should you use instead of permanent employee
Regular employee
What are the protected classes?
Disability
Race
Color Religion* Age Pregnancy National origin Genetic predisposition
What is ADA?
Name, what, eligibility, length of leave)
American Disability Act
Prohibits discrimination based on disability
Everyone eligible (even applicants)
No specific amount of leave (if it doesn’t create undue hardship on employer)
What is FMLA?
Name, what, eligibility, length of leave
Family and Medical Leave Act
Job protection during absence
Must have worked at least 12 months and 1250 hours
12 weeks in a 12 month period (SA has rolling month periods)
What is Workers Comp?
Name, what, eligibility, length of leave)
Provides payments of compensation and rehabilitation (reduced a employer liability)
Any time during employment
No specific limit
6 FMLA Circumstances
Serious health condition
Immediate fam member care
Vet care (taking care of)
Birth
Adoption/Foster Care
National guard or reserves called to active duty (self or family member)
What counts as a serious health condition?
Chronic condition (at least twice a year)
Pregnancy
3 consecutive days incompacotated and with medical treatment
Overnight stay in hospital
Practical suggestions for managing leave
Notify HR when:
- Employee absent for 3 days
- Employee injured at work
- Receive notice that employee is out for FMLA reason
- Absence is related to disability
HR determines if FMLA starts
Benefits are protected while on FMLA but payments must continue
When to report to HR
Wage complaints Allegations of wrongdoing by others Disclosure of medical information Accommodation or leave requests Evidence of union activity Government communications Lawyer communications Sons of workplace violence All reports of unlawful discrimination, even if employee doesn't want it to good HR and even if you think the complaint lacks merit