Physical and documentary evidence during a workplace or internal investigation must be retained in the same state as when received, and physical evidence needs to have a “chain of custody“ established. Chain of custody refers to the documentation of the collection, custody, control, transfer, analysis, and disposition of evidence. Documentation for evidence must include:
“Reasonable accommodations“ are changes in the work environment or the way things are usually done at work. Some examples of possible reasonable accommodations under the PWFA include:
Billing for COBRA premiums involves a formal and consistent process that complies with federal regulations while ensuring that qualified beneficiaries understand their payment obligations.
Regarding retaliation or penalties for taking FMLA leave, employees cannot be:
Employers must treat all disability-related information as confidential, plus share information only on a need-to-know basis (e.g., supervisors if needed to implement accommodation). In other words, do not disclose to coworkers or others why someone is receiving an accommodation. Employers should apply the same process and standards for all ...
The PWFA mandates reasonable accommodations to known limitations related to pregnancy, childbirth, or related medical conditions, thereby requiring that employers grant pregnant workers reasonable accommodations - temporary job changes needed to maintain a healthy pregnancy - unless doing so would impose ...
A common trend among poor performing employees is to suddenly raise allegations of harassment or discrimination by lodging complaints with the HR department - at precisely the time he/she is being held accountable for poor performance or behavior. Nevertheless, it is important to bear in mind that even though an employee's complaint may not have any merit, the complaint must still be investigated. Also, if the employee should suffer adverse treatment after having made a complaint, the ...
A “retaliation“ claim generally can be defined as illegal conduct or action that harasses, demotes, terminates an employee, or takes other action affecting employment such as threats, unjustified negative evaluations, unjustified negative references, increased surveillance, or any other action such as an assault or unfounded civil or criminal charges that are likely to deter reasonable people from pursuing their rights.
The FMLA requires that an employee returning from FMLA leave be reinstated to the same or equivalent position. “Equivalent“ means equivalent pay, benefits, and terms and conditions of employment. The DOL's regulations clarify that “the employee is ordinarily entitled to return to the same shift or the same or equivalent work schedule“.
With regard to terminating COBRA coverage, the employer (or plan administrator) must send a COBRA termination notice to the qualified beneficiary that includes:
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