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  • HR Specialist: Employment Law
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David B. Ritter

Can we require a diagnosis on a doctor’s note?

10/11/2012

Q. Our policy says that if employees are out due to illness or hospitalization for three days or more, they must provide a doctor’s note that includes a diagnosis. Someone said we can’t demand the diagnosis. Is this true?

Nursing rights law: Can we limit baby distraction?

10/09/2012

Q. I know we have to provide milk-expression breaks for new moms, and we do. But now a new mother is having her mother bring the baby in twice a day to nurse. These breaks go more than 30 minutes as the baby is passed around, etc. Can we just tell her to express and refrigerate the milk?

Can we stop employees from talking politics?

10/01/2012
Q. With the election approaching, it seems like our office is as politically divided as the country. Can we ban all political talk?

Can we implement a civility code that prohibits employees from name-calling?

09/20/2012

Q. I’d like to institute a civility code that goes beyond the basic racial and sexual slurs to include any name-calling that is demeaning, crude or rude. What do you suggest as punishment?

Are we allowed to fire a mentally ill employee who makes threats?

09/20/2012

Q. On three occasions, an employee threatened colleagues with physical violence. After the last incident, she explained to her manager that she is bipolar and going through a prescription change. She said she was unaware of making threats, was truly sorry and never meant any harm to anyone. Do we have to tolerate this behavior now that we know she may be disabled?

Can we insist that doctors’ notes include a diagnosis of an employee’s medical condition?

09/20/2012

Q. May we ask for a diagnosis when an employee ­requests a few days of sick leave? Or must we ­accept any doctor’s note without any explanation?

New Illinois law bars employer access to social media accounts

09/20/2012
Some employers have recently begun to require employees and applicants to provide their passwords or otherwise allow access to their social media accounts. The Illinois Legislature has now put a stop to that practice.

What are provisions of Illinois’ new tax incentives to hire veterans?

08/21/2012

Q. We’re interested in taking advantage of the new incentive for Illinois employers to hire veterans. What are the details?

What is the NLRB doing with at-will status?

08/21/2012
Q. Could you explain the National Labor Rela­tions Board’s recent challenges to at-will employment policies?

Beware retaliation following internal bias investigation

08/01/2012
The 7th Circuit has held that employees who participate in employer internal investigations before administrative charges or lawsuits have been filed are not protected from retaliation. It’s different, however, after such charges have been filed.