Jury duty leave seems like an easy one, but anything that involves questions about who gets paid and who doesn't is not so easy. In yesterday's Advisor we talked about the legal issues surrounding jury duty and appearance as a witness; today, we'll look at key policy considerations, and get an introduction to the "Employee Leave Bible."
Most employers believe that an employee has a civic responsibility to serve when called as a juror or witness. In fact, according to BLR's Survey of Employee Benefits, over 40 percent of employers place no limit on the amount of leave allowed for jury duty per year, and an additional 28 percent allow over 2 weeks per year.
However, it can be difficult to develop a policy that strikes a balance between supporting the civic obligation and at the same time protecting the organization from the loss of a valuable person at a crucial time. Your policy on leave of absence for jury or witness duty should be in writing and be communicated to employees by way of a company policy booklet or a workplace posting. When developing your policy, consider the following points.
Is your policy in legal compliance?
You will want to ensure that your policy meets the minimum requirements of federal and any applicable state laws. If you do business in several states with differing rights for leave for jury or witness duty, you may want to maintain a consistent policy in all of your facilities by following the law with the most generous provisions for the employees.
What notification procedures will you require?
When an employee receives instructions to report for jury or witness duty, whom should the employee notify and when? Is verbal notification sufficient?
What documentation will you require?
Must the employee present a copy of the subpoena or other document instructing him or her to report? Must the employee afterward present documentation of the dates of service?
What compensation will you offer?
The most common practice is to pay employees the difference between their regular pay and any compensation they receive from the court system. Also, decide whether you want to place a limit on how long the employee will be paid—for example, 2 weeks per calendar year—and whether different groups of employees—hourly, salaried, probationary—will be compensated in the same manner.
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Will you require a return to work after early release?
If you voluntarily continue to pay an employee on jury or witness duty, it is reasonable to require the employee to report back to work if released before 12 noon by the court; early releases occur frequently. Consider if second- and third-shift employees will be excused from work for the whole day.
Should you request a postponement?
Under what circumstances will your organization ask that a particular employee be excused from witness or jury duty or that jury duty be postponed? Who must approve these requests? You don't want employees to be excused from duty under any but the most pressing circumstances, so try to pinpoint the areas in which an employee's unexpected absence for a prolonged period of time is most likely to disrupt operations.
Since leave requests often come up unexpectedly, it's best to answer these tricky policy questions beforehand to eliminate confusion and resentment. And it's no different for the most annoying leave law of all, the Family and Medical Leave Act.
It's an almost overwhelming task to keep up with the old FMLA, let alone comply with the recent, far-reaching changes and then the complexity of marrying all that with state law provisions. Good news! BLR's editors have gone the extra mile to get your comprehensive compliance guide up to date.
BLR's recently updated Family and Medical Leave Act Compliance Guide—the book some are calling the "FMLA Bible"—simplifies the frustrating and confusing complexities of the FMLA, so you know exactly how to comply in every situation.
It contains practical answers to all the FMLA questions you are asking—and the ones you haven't thought of but should be asking.
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The Family and Medical Leave Act Compliance Guide includes:
Leave law overview
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Practical guidance on implementing all aspects of the new rules
Analysis of federal and state laws, what they require, and how they interact
Leave circumstances, coverage, and eligibility—for FMLA, ADA, workers' comp, and military leave
Recordkeeping and reporting requirements
Reasonable accommodation
Sample policies and forms
Plus a quarterly newsletter and updates to make sure you stay in compliance as any changes come about
Get more information or order your copy of the Family and Medical Leave Act Compliance Guide.
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The Rx for Your #1 HR Headache—FMLA
BLR's Family and Medical Leave Act Compliance Guide has been updated with the most recent changes—everything you need to know NOW to stay compliant.
The Family and Medical Leave Act Compliance Guide includes:
Understandable explanations of FMLA's many interactions with the Americans with Disabilities Act, workers' compensation laws, and military leave.
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Quick-reference FMLA summary of state and federal laws. See at a glance how federal and state family medical leave requirements interact and how they apply to your organization.
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Free quarterly newsletter and updates keep you in the know on the latest leave and FMLA changes.
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In 2010, the challenges facing you as an HR professional are as big as ever.
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Workers who are in the "economic recovery" mindset and demanding raises to match—even though your organization is still firmly in the "digging out" phase
An extension of the COBRA subsidy, leading to paperwork and recordkeeping headaches
Ever-changing developments relating to social media, including a key employee text messaging case—with potentially huge implications for employers—that the U.S. Supreme Court recently decided to review
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You can keep up-to-date with all the newspapers and trade journals you can get your hands on, but they don't explain how to apply the information about new laws and regulatory changes. They don't tell you what you really need to know: How to act on what you've learned.
But we do.
Join us for this unique opportunity to participate in the fourth-annual BLR National Employment Law Update conference via webcast from October 28-29. You'll get in-depth, comprehensive instruction from experts around the country who specialize in putting their know-how to work for you.
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With this order option you will be joining the 2-day main conference (October 28-29) via webcast.
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For over 20 years, human resource managers have relied on this practical state employment laws resource to understand and stay on top of ever-changing employment regulations in their states. No wonder weve heard so many nice names for What to Do About Personnel Problems—weve even been called the "HR Bible"!
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