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Susan Lessack

How should we handle a termination when both the FMLA and short-term disability are in play?

11/24/2010
Q. We run FMLA and short-term disability (STD) concurrently. FMLA is for 12 weeks of job-protected leave. STD is for 26 weeks, with proper medical documentation. At what point can we terminate an employee?

What’s this I hear about a ‘cooling-off’ period in layoffs involving severance pay?

11/24/2010
Q. Is there a law that requires a 45-day waiting period from the time employees are told they’ll be laid off until they receive the severance payment? My supervisor said it’s called a cooling-off period.

Can a small employer deny leave to an employee whose spouse is seriously ill?

11/24/2010
Q. One of our full-time employees took time off when her husband had a heart attack. We’re a small company with 30 employees. Management was very upset and wouldn’t let her take any paid time off and wouldn’t guarantee her position. She had accumulated several weeks of paid leave. Is it legal to keep her from taking paid time off to care for her husband?

Jury duty for a week: Must we pay exempt worker?

10/21/2010
Q. One of our salaried employees was picked for a grand jury. She’ll be away about one week per month. Do we have to pay her during jury duty? She will be checking in via BlackBerry daily.

When is it legal to round pay to nearest 15 minutes?

10/14/2010
Q. We have an hourly employee who consistently arrives late—about seven to 10 minutes each time. Can we cut her pay to the nearest quarter hour? We would, of course, pay her for staying later.

Can FMLA be taken to care for parent overseas?

10/07/2010
Q. One of our employees has a sick parent who lives in another country. She wants FMLA leave to care for the parent. Is FMLA available under the circumstances? And how would I verify the authenticity of a foreign medical certification?

Can we fire worker who gives 2-week notice?

09/30/2010
Q. When an employee gives two weeks’ notice, we prefer to terminate immediately. Is there anything that prevents us from doing that? We are worried that employees who are leaving may tamper with our systems.

Will making contractors wear our uniforms affect their independent contractor status?

09/24/2010
Q. Can our company require an independent contractor to wear a specific uniform? And can we stipulate that the contractor buy the uniform through us?

Is it OK to pay workers just once a month?

09/24/2010
Q. Is it legal to adopt a once-a-month payroll for hourly employees?

Is dyslexia an ADA disability?

09/24/2010
Q. Is dyslexia considered a disability under the ADA? Can we legally screen potential employees for it through our pre-employment tests?