Employment Practices Loss Prevention Guidelines - Chubb Group of ...

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to health benefits while on FMLA leave on the same terms and conditions as if the employee was still working. Third, upon returning from FMLA leave, an employee is entitled to be reinstated to the same, or an equivalent, position with equivalent pay and benefits. The FMLA applies to employers that have employed 50 or more full-time and/or part-time employees for 20 or more calendar weeks during the current or preceding calendar year. Public employers (such as municipalities) are covered by the FMLA regardless of size. An employee is eligible for FMLA leave if the employee 1) works at a work site at which 50 or more employees are employed or within 75 miles of such a site, 2) has worked for the employer for 12 months, and 3) has worked at least 1,250 hours in the year before the leave commences. An eligible employee may take FMLA leave for 1) child care following the birth of a child or placement of a child for adoption or foster care; 2) care for a spouse, child, or parent of the employee who has a serious health condition; or 3) a serious health condition that makes the employee unable to perform an essential function of his or her position. The 12-month period during which leave is available to an eligible employee may be measured 1) on a calendar-year basis, 2) a fiscal year or any other fixed 12-month period (e.g., measured from the eligible employee’s hire date), 3) a 12-month period that begins on the date of an employee’s first request for leave, or 4) a rolling 12-month period looking back over the preceding 12 months from the date of the leave request. Employers must uniformly apply one of these methods of calculation to all employees. Employers may impose certain obligations on employees who seek to take FMLA leave, such as requiring medical certification of a serious health condition when leave is taken for this reason. However, employers must generally take affirmative steps to implement these obligations. Failing to properly notify an employee of his or her obligations may preclude the 14
employer from enforcing the requirement. Employers are also explicitly prohibited from interfering with an employee’s exercise of rights under the FMLA; from discriminating against an employee for opposing practices made unlawful by the FMLA; and from retaliating against an employee for participating in any proceedings related to enforcement of the FMLA. The FMLA is administered by the U.S. Department of Labor (DOL). An employee can file a complaint with the DOL or pursue a private action in either state or federal court. Successful plaintiffs can recover back pay and benefits, actual monetary losses, an equal amount of back pay in “liquidated” damages, attorneys’ fees, and equitable relief. The statute of limitations for FMLA claims is two years, or three years for willful violations. Finally, employers should be aware that state laws may provide employees with greater leave rights than are provided by the FMLA. Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 The USERRA provides a broad array of protections to employees who are required to leave their employment for military service. The general purpose of the USERRA is to ensure that veterans suffer no detriment for having left their civilian employment to serve in the uniformed services. The USERRA contains 1) antidiscrimination provisions, 2) job-restoration requirements, and 3) employee rights and benefit rules for employees on military leave. Reservists generally are afforded the same protections as inductees. The USERRA applies to all employers regardless of size and covers any person who performs service in the uniformed services. The USERRA’s antidiscrimination provisions prohibit 1) discrimination in hiring, or any terms and conditions of employment, as a result of membership in, or performance of duties for, a branch of the uniformed services; 2) adverse action against any employee who seeks leave or other benefits provided by law; and 3) retaliation against any person who assists another in securing rights provided by law. 15
Page 1 and 2: Employment Practices Loss Preventio
Page 3: EMPLOYMENT PRACTICES LOSS PREVENTIO
Page 6 and 7: Intentional Infliction of Emotional
Page 8 and 9: Responding to Post-Termination Issu
Page 10 and 11: OVERVIEW: FEDERAL LAWS THAT GOVERN
Page 12 and 13: the employer determines the maximum
Page 14 and 15: in favor of relatively older worker
Page 16 and 17: The ADA applies to employers that h
Page 20 and 21: Employees alleging violations of th
Page 22 and 23: encourage employers to hire more wo
Page 24 and 25: STATE STATUTES AND LOCAL ORDINANCES
Page 26 and 27: STATE COMMON LAW EMPLOYMENT CLAIMS
Page 28 and 29: employees only for good cause; and
Page 30 and 31: The risk of invasion-of-privacy lia
Page 32 and 33: Intentional Infliction of Emotional
Page 34 and 35: RECRUITING AND HIRING EMPLOYEES Bef
Page 36 and 37: allows human resources to accuratel
Page 38 and 39: employers from taking adverse emplo
Page 40 and 41: ■ Tell me about a time when you h
Page 42 and 43: unlawful disability-related inquire
Page 44 and 45: Investigating Candidates for Employ
Page 46 and 47: ■ Investigative consumer reports:
Page 48 and 49: Hiring an Applicant The actual hiri
Page 50 and 51: work in the United States and shoul
Page 52 and 53: stage. However, the EEOC has indica
Page 54 and 55: ■ Other considerations—All resu
Page 56 and 57: applicants or employees to take a p
Page 58 and 59: Island, Vermont, Virginia, and Wisc
Page 60 and 61: Rules for Claims of Sexual Harassme
Page 62 and 63: genuine but innocuous differences i
Page 64 and 65: employees from making complaints. A
Page 66 and 67: Several states, including Californi
Page 68 and 69:
■ Pin down the complainant’s ve
Page 70 and 71:
on an electronic message board that
Page 72 and 73:
PERSONNEL POLICIES AND EMPLOYEE HAN
Page 74 and 75:
clearly identify which employees ar
Page 76 and 77:
■ Probationary periods—Many emp
Page 78 and 79:
EMPLOYEE EVALUATIONS There are comp
Page 80 and 81:
■ Allow employees to appeal poor
Page 82 and 83:
Similarly, the criteria for evaluat
Page 84 and 85:
Limited Access to Evaluations Limit
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DISCIPLINE AND CORRECTIVE ACTION Ge
Page 88 and 89:
Suspension—This form of disciplin
Page 90 and 91:
clearly identified. They also shoul
Page 92 and 93:
It is critical for an employer to e
Page 94 and 95:
the employee attempts to challenge
Page 96 and 97:
I cannot provide you with any infor
Page 98 and 99:
c) It does not seek a waiver of any
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LAYOFFS AND REDUCTIONS IN FORCE Wor
Page 102 and 103:
eappear as damaging impeachment tes
Page 104 and 105:
■ Watch out for alleged salary di
Page 106 and 107:
need to take any action to be inclu
Page 108 and 109:
affects their everyday work lives.
Page 110 and 111:
sign or accept proposed ADR agreeme
Page 112 and 113:
privileges, however, may be waived,
Page 114 and 115:
Can demonstrate that employee was t
Page 116 and 117:
Record-retention and destruction po
Page 118:
INFORMATION ABOUT THE AUTHORS About
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