Sick Leave

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A number of states and local municipalities have recently enacted paid sick leave legislation mandating paid time away from work for employees. Unfortunately for employers, many of these laws contain provisions that conflict with already-enacted paid sick legislation and require an adjustment of current policies, leading to confusion about requirements and entitlements.

Employers with operations in the following areas should revisit their policies and make adjustments as needed to remain current or to plan for upcoming changes:

Who in HR can say they have not been tempted to “spy” on an employee on Family and Medical Leave Act (“FMLA”) leave to make sure that they are not faking it?  Wouldn’t it be great to catch that employee you are sure is lying as he is playing golf when he should be home recovering from his back surgery? Or catching the employee on leave supposedly recovering from a hysterectomy right after she returned from a week-long vacation in Mexico?

Surely, under these circumstances you could safely terminate the offending employee…couldn’t you?