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Q&A

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?

Does the FMLA cover cosmetic surgery?

09/24/2010
Q. One of our employees is having cosmetic surgery and plans to take leave. Would that fall under the FMLA, or would it be a leave of absence?

May we ask applicants about criminal records?

09/24/2010
Q. We’re going back and forth on this question: On an employment application, can we legally ask about an applicant’s prior conviction record or arrest record?

Can we push employees to donate to charity?

09/24/2010
Q. Is it legal for us to strongly encourage our employees to have money withheld from their paychecks to support a charity drive, like the United Way?

How seriously should we take allegations of female-on-male sexual harassment?

09/24/2010
Q. A male employee recently complained to HR that a female co-worker was sexually harassing him. Do I have to investigate this claim the same as I would a claim by a woman against a male co-worker?

Can we discipline late worker by cutting her pay?

09/23/2010
Q. One of our hourly employees ($15 per hour) arrives late way too often. We’d like her to get here on time so we’re considering cutting her hourly rate when she arrives late. For example, if she arrives an hour late, we would not pay her for the hour and cut her pay to minimum wage for the rest of the day. Can we do that?

After brief FMLA leave, can we request a second opinion to make sure worker is ready to return?

09/22/2010
Q. We have an employee returning from a leave taken under the federal FMLA and the California Family Rights Act. His physician has issued a fitness-for-duty certificate. However, we have doubts about the worker’s ability to perform his job … Can we send him to another physician for a second fitness-for-duty examination?

If a resigning employee gives two weeks’ notice, can we tell him not to bother coming in anymore?

09/22/2010
Q. If an employee resigns and gives two weeks’ notice, can we tell him he isn’t needed for the two weeks and avoid paying him for that time?

Accounting employee has filed for bankruptcy: Will we get in legal trouble if we fire her?

09/22/2010
Q. I recently discovered that an employee who handles my company’s accounts receivable has filed for bankruptcy. Can I discharge this employee?

Must we pay premium during unpaid leave?

09/17/2010
Q. I am a small employer with a group medical plan. If an employee takes an approved unpaid leave of absence, am I required to continue my premium subsidy during the unpaid leave? We have 22 employees and aren’t required to comply with FMLA.