McKenzieHRAsk Bob | McKenzieHR - Part 3

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    Drug Testing

    QUESTION: Is there any law that requires us to offer Employee Assistance/Treatment for a positive drug result?  I am working on an update to our handbook, and we would like to state “No Tolerance” period. FROM:  MARILEE INDUSTRY:  ENVIRONMENTAL ENGINEERING RESPONSE: Marilee, The only law that you may have to be concerned about has to […]

    Pre-Employment Drug Testing

    Question: Recently, I was asked to take a drug test before the job offer was made. My husband was asked to take a drug test and references were checked before a job offer was made from a separate company. I thought there needed to be a contingent job offer first. Am I confused? RESPONSE: The contingent […]

    USERRA

    Question: We have an employee on Military leave for over 7 years. Can we term her? FROM: MELINDA INDUSTRY:UNKNOWN Response: Melinda, This is a great question as the usual the limit under USERRA is 5 years.  However, there are a number of exceptions to the five year rule and the five years is extended for a […]

    Keeping Things Straight with Employees – Overtime

    QUESTION: Bob, I have a friend who is a LPN and works for a home health care agency.  She routinely works more than 40 hours per week.  She asked why she is not getting overtime and the reply was that since Medicaid does not pay overtime then the company doesn’t.  She has spoken to two […]

    Keeping Things Straight with Employees – Family and Medical Leave Act

    From: Felicia To: BobM@mckenziehr.com Subject: Ask Bob NAME: Felicia COMPANY: confidential TITLE: Account Assistant QUESTION: My employer is counting vacation time earned towards FMLA time.   My employer is also telling employees that if they take the entire 12 weeks for maternity leave, return to work, but have a doctor’s appointment for something unrelated to their FMLA, they […]

    Keeping Things Straight with Employees – Vacation Pay Upon Termination #1

    Question: Hello, I was terminated from my job of almost 3 years as a vet tech. The doctor of the hospital is also the owner. I was fired because of personal reasons between me and him. We did not get along. My termination had nothing to do with my abilities. Am I entitled to my unused […]

    Keeping Things Straight with Employees – Vacation Pay Upon Termination #2

    Question: Hey Bob, in the state of PA, if I work Mon thru Fri (7 hours a day), am I entitled to paid vacation time or sick, personal days? FROM: AMY INDUSTRY: RETAIL The short answer is no.  A company is not required to offer any employee paid time off, sick or vacation in any state, […]

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    What Our Clients Are Saying

    You have provided assistance on so many topics – performance management, updating policies, job description and federal reporting.  I just wanted to reach out and thank you. We are so grateful to you and your team for the countless hours of support you have provided our organization.
    Tiffany Blackstone Hamrick, Vice President of Human Resources, Easter Seals Florida