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Q&A

Does calling in ‘sick’ constitute FMLA notice?

01/11/2010

Q. Is calling in “sick” sufficient notice that an employee needs FMLA leave?

Can we buy pizza and soda to pay workers for a missed lunch break due to a heavy workload?

01/07/2010

Q. Occasionally, when we receive a big order, our nonexempt employees have to work through their lunch breaks. Although we do not pay them for this work, we buy pizzas and sodas for all the affected workers. Is this lawful?

How should we reconcile competing demands of insurance plan, COBRA?

01/07/2010

Q. Our health maintenance organization contract calls for terminating coverage for anyone who moves outside the HMO service area. COBRA requires us to offer continuation coverage to qualified beneficiaries even if they move outside the HMO service area. How do I comply with these requirements?

Closing early due to snow: Must we pay for full day?

01/05/2010

Q. During inclement weather, we sometimes close the office early and send employees home. Do we have to pay them for the whole day?

Should HR work space be separated from others?

01/01/2010

Q. We don’t have a lot of space in our office. Our HR staff shares space with administrative employees and some managers. Must we separate the HR staff from others to protect employee records from snooping eyes?

What’s the law on hiring a private eye to check for workers’ comp fraud?

01/01/2010

Q. We suspect one of our employees has filed a fraudulent workers’ compensation claim. We would like to hire a private investigator to gather information on the worker’s activities. What laws would govern that decision?

Handling an EEOC investigation

01/01/2010

Q. A former employee recently filed a complaint against my company with the EEOC. He is alleging race discrimination. As part of its investigation, the EEOC will be coming to our offices to interview employees. Do I have to make these employees available? Can I sit in on the employee interviews?

Using partial SSN as employee ID: Is that legal?

12/29/2009

Q. Can we use the last four digits of our employees’ Social Security number (SSN) as their employee identification number? It would make tracking hours on our log-in time clock much easier.

Employee’s still out after 12 weeks of FMLA: Can we fire?

12/23/2009

Q. If an employee exhausts his 12 weeks of FMLA and still isn’t able to return to work, should we terminate his employment immediately?

How should we handle partial days off for our salaried business manager?

12/23/2009

Q. We’re a nine-physician medical clinic, and we employ a salaried business manager. Her duties include personnel, hiring, firing and office work. We don’t give her comp time or overtime pay. If she takes a partial day off, she must use vacation time (paid time off). Are we handling this correctly?