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1. FEATURE STORY:
HR MEDICAL EMERGENCY:
WHICH LAW APPLIES TO A SICK EMPLOYEE?

There probably isn't one person in America whose life has not been touched by cancer, whether the individual has been diagnosed with some form of it or someone they love has been. Given this probability, employers across the country must be prepared for the day when cancer hits their workplace.

Earlier this year, the EEOC released a Q&A on cancer in the workplace and the Americans with Disabilities Act (ADA). But the ADA is not the only law you must consider. The Family and Medical Leave Act (FMLA) may also be a factor. It is up to you to determine which law applies and how to comply when they both do.

One of the main areas in which these laws intersect is on the issue of time off. The danger lies in where the laws diverge on this matter. Here are some fast ADA and FMLA facts you should know, which apply to medical conditions beyond cancer.

ADA: The amount of time an employee may take is open-ended, depending on what will create an undue hardship for the employer. FMLA: This law requires a maximum of 12 weeks of leave within a 12-month period.

ADA: Leave may be taken only for the individual's disability. FMLA: Leave may be taken for an employee's own serious health condition or that of his/her spouse, parent, or child.

ADA: There is no minimum length of employment or number of hours worked that an employee must meet before requesting leave as an accommodation. FMLA: The employee must have worked for at least 12 months and 1,250 hours in order to receive leave.

ADA: Leave may be taken only for fairly serious health conditions. FMLA: More minor conditions, such as the flu, may be covered.

ADA: Instead of granting leave as an accommodation, you may assign an employee to a light-duty position. FMLA: You may not require an employee to take a light-duty job in lieu of FMLA leave.

Rule of thumb: When provisions of the ADA and FMLA collide, you need to look at which law provides the employee with greater rights.

IMPORTANT ADVICE FOR KEEPING I-9S IN ORDER

All new hires must verify that they are eligible to work in the United States by presenting specific documentation, as outlined on Form I-9.  In place of an actual document, an employee presents a receipt that he/she has applied for the document.  Should you... View the full story on our website.

FREE REPORT OF THE MONTH:

Check out the Free Report, "Keeping An Eye On Employee E-Mail," which gives you all the e-information you need to keep your employees' e-mails both legal and professional. You get sample language to brush up or create a stand-alone electronic communications policy; tools you can pass on to your employees for writing and sending professional e-mails; and guidelines for retaining e-mailed records.

Kick back, relax, and take a few minutes to check out the new HR Soapbox, "How's This For A Workplace Issue?" in which one editor discusses ways to keep employees from exposing their toes in the workplace.