Content provided in partnership with

Business Services Industry

At work on leave, uniforms, bullies - HR Solutions

HR Magazine, Nov, 2003 by Dyane Holt, Shari Lau, Naomi Cossack

Q An employee on an approved medical leave under the Family and Medical Leave Act for a serious health condition was seen working a second job. Is moonlighting while on medical leave permissible? Can I terminate the employee?

A The Family and Medical Leave Act (FMLA) does not prohibit an employee from working another job while on leave. But the law's regulations provide that "if the employer has a uniformly applied policy governing outside or supplemental employment, such a policy may continue to apply to an employee while on FMLA leave."

[ILLUSTRATION OMITTED]

Most Popular Articles in Business: Research and Markets : Tesco Plc - SWOT Framework Analysis; Do Us a Flavor - Ben & Jerry's Issues a Call for Euphoric New Flavors; eBay made easy: ready to start an eBay business? These 5 simple steps will ...; Katrina's lawsuit surge: a legal battle to force insurers to pay for flood ...; Wal-Mart's newest distribution center opened last month near the southwest ...; More »

Thus, if your organization has an established policy that forbids employees from working secondary jobs and your employee is not in compliance with that policy, termination could be considered, but only after conferring with your legal counsel.

But if your organization does not forbid secondary employment, an employee on an approved FMLA leave can have another job and can even work in an environment similar to his current position. For example, an employee who requests FMLA leave for stress related directly to his current position at your organization could take a job at another company and perform the same type of work. An employee who experiences stress in one work situation may nonetheless be able to perform regular daily activities in another employer's workplace.

The best business practice regarding secondary employment is to apply a consistent policy. And remember to treat employees on FMLA leave the same as you would treat employees taking other types of paid or unpaid leave.

If you do not have a policy on secondary employment, consider implementing one. Make sure your legal counsel reviews it. Having such a policy in place would essentially protect your own business interest.

To minimize the risk of wrongful termination, employers should consider a policy restricting employees' lawful outside activities. Some states have statutes that protect lawful activities both outside the workplace and during nonworking hours; check with your legal counsel to ensure compliance with state law.

--DH

Q Can I charge my employees for uniforms?

A Wage deductions for uniforms are covered by the U.S. Fair Labor Standards Act and by laws in many states.

The federal law allows for uniform deductions as long as they do not reduce the employee's regular pay or overtime pay for the workweek below the minimum wage of $5.15 per hour or the minimum overtime wage of $7.73 per hour.

If an employee makes $5.15 per hour, no deductions for uniforms are permitted, because they would automatically take the worker's pay below the minimum. In addition, if a minimum wage employee's uniform requires special cleaning (more than washing with personal clothing), the employee must be reimbursed--either with the exact amount of the cleaning costs or with an additional hour of straight time pay, according to Publication 1428, published in March 1984 by the U.S. Department of Labor's Wage and Hour Division.

[ILLUSTRATION OMITTED]

Moreover, uniform allowances are not considered wages and cannot be used as credit toward meeting minimum wage obligations.

Although most states' uniform deduction laws simply reiterate the federal law, several states have additional provisions, such as prohibiting employers from making employees pay for required uniforms.

For example, California, the District of Columbia, Massachusetts, Montana, Nevada, Oregon, Vermont, Washington, West Virginia and Puerto Rico have provisions that could require employers to pay for all required uniforms and their maintenance. In Colorado and New Jersey, employers must provide required uniforms for certain industries and occupations free of charge to the employee. Illinois requires the employee's written consent for the employer to deduct for uniforms. Minnesota limits total uniform deductions to $50 for the length of a person's employment and requires the deduction to be refunded at termination.

For more information on the federal law regarding deductions for uniforms, go to the Labor Department's web site at www.dol.gov/esa/regs/compliance/whd/whdfs16.htm.

--SL

Q Employees are complaining that their manager constantly yells at them and degrades them in front of co-workers or clients. Could this behavior be considered workplace bullying? If so, what is our obligation as an employer?

A Bullying comes in many forms but normally involves any repeated behavior meant to intimidate, humiliate or degrade another individual. Bullying behavior can include not only verbal abuse such as name calling but also alienating or isolating an employee, harassing or intimidating an employee, or providing an employee with unreasonable or impossible work assignments.

Employers are encouraged to take bullying very seriously and to consider it as intolerable as any other type of harassment within their workplaces. Those who neglect to identify and prevent such abuses, thus allowing bullying to occur within their workplaces, may be exposing themselves to legal risk. If the offending behavior is pervasive enough to be considered threatening, intimidating or creating a hostile environment, it could lead to harassment claims or to claims of constructive discharge if employees quit.

Business Services Industry

At work on leave, uniforms, bullies - HR Solutions

HR Magazine, Nov, 2003 by Dyane Holt, Shari Lau, Naomi Cossack

Find Research Guides for:

Find Featured Titles for: Reference

Most Popular Articles in Business

Most Popular Publications in Business