My Current State: 

Maine ADA Accommodation

Thursday, August 12th, 2010
Posted by Tamara
Is a handicapped parking space a reasonable accommodation under ADA? Most Maine employers would say so, but it depends upon the circumstances.

The federal Americans with Disabilities Act requires that an employer make reasonable accommodations for an employee with a permanent disability. Under the newest regulations, many ... continue reading

Arizona Mini-Cobra Law

Friday, July 30th, 2010
Posted by Tamara
Arizona has no mini-COBRA law that protects employees of smaller firms when they lose their job.

Under the federal COBRA law, a terminated employee is entitled to continue his or her group health insurance for up to 6 months. The employee is entitled to the same coverage ... continue reading

Worker Safety In Maine

Tuesday, January 5th, 2010
Posted by Tamara
  In previous years, companies that reported no days of work lost, employees on light duty or employees transferred due to a work-related accident weren’t inspected by OSHA.

That policy, however, has changed. OSHA recently issued a memo requiring local offices to implement more inspections and crack ... continue reading

Kansas Short Term Disability

Wednesday, November 11th, 2009
Posted by Tamara
There are at least three options open to Kansas employees who need to receive short term disability benefits.

One of the most significant is the Family and Medical Leave Act, or FMLA. Thanks to this federal law, employees who qualify are entitled to as much as 12 ... continue reading

Missouri Short Term Disability

Monday, November 9th, 2009
Posted by Tamara
There are only five states in the U.S. where legislation mandates that employers pay benefits to workers for short term disabilities.

Missouri is not one of the five. They are New Jersey, California, New York, Rhode Island, and Hawaii. In Rhode Island, short term disability may be ... continue reading

Pennsylvania STD and Termination

Thursday, October 1st, 2009
Posted by Tamara
Pennsylvania employees want to know exactly what benefits they are entitled to when on short term disability. Is it legal for a worker to lose his job as a result of taking too much time off work? Can an employee go on short term disability again within the same ... continue reading

South Dakota STD and Termination

Wednesday, September 30th, 2009
Posted by Tamara
When a South Dakota employee cannot work due to illness or disability, he or she can receive short term disability benefits. These benefits vary from company to company, because short term disability is private insurance and offers many different plans. An employee’s job is not guaranteed while on short ... continue reading

Washington Hostile Work Environment

Monday, August 31st, 2009
Posted by Tamara
Employers need to understand that “hostile work environment” complaints need not be limited to discrimination based on gender.

They may also include cases in which employees have been harassed or subjected to ridicule because of ethnicity or because of a disability, among other things.

The ... continue reading

Arkansas FMLA and Termination

Friday, August 14th, 2009
Posted by Tamara
When a Arkansas employee is seriously ill and needs extended time off from work, he or she can take up to 12 weeks of unpaid leave. This leave can also be taken to care for a seriously ill child, parent or spouse, to bond with a newborn child, a ... continue reading

Federal Light Duty

Thursday, June 11th, 2009
Posted by Tamara
Employers are not obligated by any state or federal law to create a light duty position for an employee if an appropriate position is not available. There is no federal law regarding light duty, nor is there a state law on this subject.

There are regulations for ... continue reading

Light Duty in Idaho

Thursday, May 28th, 2009
Posted by Tamara
Several Idaho employees have asked which laws govern light duty restriction.

There no law governing light duty restriction, not at the Idaho state level nor at   the federal level. Several cases on this topic have gone to court, though, so regulations for light duty work were ... continue reading

Light Duty in South Carolina

Thursday, May 21st, 2009
Posted by Tamara
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on national origin, race, color, religion and gender in South Carolina and throughout the nation. This applies to how employers assign jobs to workers on light duty restrictions, too.

There is no federal law addressing ... continue reading

Minnesota Short Term Disability

Tuesday, April 28th, 2009
Posted by Tamara
If a Minnesota employee has a heart attack and am unable to work, is he eligible for paid short-term disability?  

In most cases, no he is not. Neither Minnesota nor federal law guarantees income for an employee on short-term disability.

Some Minnesota employees are ... continue reading

Illinois Sick Pay

Tuesday, February 3rd, 2009
Posted by Tamara
Unless a union contract is in place, which requires employers to pay workers for their sick time, companies are not required to provide paid sick time. There is no Illinois law requiring paid sick time, nor is there a federal law for paid sick time. Providing this benefit is ... continue reading

Sick Pay

Monday, January 26th, 2009
Posted by Tamara
Approximately 10 states have laws that require employers to pay accrued vacation time to terminated workers. There are no states, however, which require employers to pay for accrued sick time upon termination. Even California, which has the nation’s toughest labor laws, does not require employers to pay worker for ... continue reading

Wyoming STD and Termination

Tuesday, December 23rd, 2008
Posted by Tamara
In Wyoming, can a worker be terminated while on short term disability leave? Can an employee who’s already taken 8 weeks of disability leave, take disability again?

The answer to each question depends on several factors. Short term disability is a private insurance plan that supplies payments ... continue reading

Virginia STD and Termination

Friday, December 19th, 2008
Posted by Tamara
Virginia employees are concerned about losing their jobs while on disability leave. They are also concerned about length of disability leave. For example, if an employee has already taken 11 weeks of disability, can he or she go on disability again?

Short term disability is an insurance ... continue reading

West Virginia STD and Termination

Tuesday, December 16th, 2008
Posted by Tamara
Several West Virginia employees had questions about short term disability availability and job protection. If a worker takes 11 weeks of disability, can he or she go on disability again? If an employee takes a lot of disability leave, can he or she be fired for being away from ... continue reading

Washington STD and Termination

Thursday, December 11th, 2008
Posted by Tamara
Many Washington employees have questions about short term disability leave. If an employee already received 11 weeks of short term disability, can he or she go on disability again? If an employee is on short term disability, can he or she be terminated for taking too much time off ... continue reading

Intermittent FMLA in Wyoming

Sunday, December 7th, 2008
Posted by Tamara
In 2007, the U. S. Department of Labor released a report stating that many Wyoming employers, as well as employers across the U. S., are concerned about one feature of FMLA (Family and Medical Leave Act of 1993) leave. That feature is the tenet, which allows employees to take ... continue reading

Connecticut Worker Safety and ATVs

Wednesday, October 29th, 2008
Posted by Tamara
In Connecticut, the agriculture, landscaping, forestry and construction and other industries that involve outdoor work, utilize ATVs in the workplace. These vehicles seem like fun, recreational toys, but they can be quite dangerous. In fact, the Consumer Product Safety Commission recently reported that injuries from ATVs rose to a ... continue reading

Oklahoma Short Term Disability

Tuesday, October 21st, 2008
Posted by Tamara
In California, New York, New Jersey, Rhode Island and Hawaii, state laws require that all employees are eligible for short term disability benefits. In Rhode Island, the disability program is funded via payroll deductions. In the other states the employer is merely required to provide the coverage.

... continue reading

South Carolina Disability

Sunday, October 19th, 2008
Posted by Tamara

A disabled employee recently complained that he was frequently teased about his speech impediment and hearing problem at work. This behavior constitutes a hostile work environment, and the employer should immediately step in and remedy the situation.

A hostile work environment is considered discrimination under ... continue reading

Colorado Toxic Chemicals

Tuesday, September 30th, 2008
Posted by Tamara
Safely storing, labeling, and handling toxic chemicals is of utmost importance in the workplace. OSHA (Occupational Safety and Health Administration) has specific regulations regarding these hazardous chemicals, which can include everyday chemicals such as isopropyl alcohol, gasoline, and paints. OSHA defines a hazardous chemical as any substance that can ... continue reading

Virginia Toxic Chemicals

Thursday, September 25th, 2008
Posted by Tamara
According to Virginia poison control centers, many children are seriously injured every year from ingesting a toxic chemical out of unlabeled or mislabeled container. The Occupational Safety and Health Administration (OSHA) states that these incidents are on the rise. Workers using hazardous chemicals are storing them in soft drink ... continue reading

Maine Toxic Chemicals

Friday, September 19th, 2008
Posted by Tamara
Every Maine employee should be trained and implement safety procedures regarding toxic chemicals in the workplace. That category includes any substance that can cause serious harm. OSHA (Occupational Safety and Health Administration) has specific rules regarding toxic chemicals and their storage.   

First, all toxic and inflammable ... continue reading

Pennsylvania Sick Pay

Monday, September 15th, 2008
Posted by Tamara
Paying employees for sick time is strictly up to the individual employer. Pennsylvania does not have a state law that requires paid sick time, nor is there a federal law requiring paid sick leave.

A few states will pay terminated workers for their accrued vacation time, but ... continue reading

Michigan STD and Termination

Tuesday, September 9th, 2008
Posted by Tamara
Michigan workers on short term disability are curious about benefits and job security. If an employee takes 11 weeks of short-term disability, can he or she go on disability again? Does the employer have the right to terminate an employee on short-term disability for taking too much leave?

... continue reading

Iowa Sick Pay

Sunday, September 7th, 2008
Posted by Tamara
Many Iowa employees will be surprised to learn that California has the nation’s toughest labor laws, but it does not pay employees for accrued sick time upon termination. Many states do pay terminated employees for their accrued vacation time, but none of them pay for accrued sick leave.

... continue reading

North Dakota STD and Termination

Thursday, September 4th, 2008
Posted by Tamara
North Dakota workers are curious about the details of short-term disability. Can a worker who has taken 11 weeks of short term disability, go on disability again? Also, can a worker on disability be terminated for taking too much time from work?

These questions address two different ... continue reading