• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Q&A

Working during FMLA leave: Should we stop it?

03/24/2009

Q. We have an employee in her third week of maternity-related FMLA leave who comes to work to check her e-mails, make some work calls, etc. How should we handle this? Could there be liability issues because there’s no doctor’s release yet?

Zero tolerance for tardiness: Legal but unwise

03/24/2009

Q. Our company’s owner is tired of tardiness and has instituted a new rule that says anyone who is tardy will be fired, no matter the reason. Recently, some people were tardy during a snowstorm when their train could not make it on time. We were told to fire them. What do you think?

Can we ask applicants to take a TB test?

03/24/2009

Q. We’re aware that tuberculosis is on the rise. Can we ask applicants—and employees—to take a TB test? What about interns and volunteers? (We operate a substance abuse center.)

Can we deduct hourly FMLA leave for exempt staff?

03/24/2009

Q. We have an exempt administrative employee who is on intermittent FMLA leave. She’s unable to work on Fridays for two or three hours due to a serious health condition. By policy, she must use any accrued sick leave when she is out sick, typically in whole-day increments. Can we charge her sick time in hourly intervals because she is utilizing FMLA intermittent leave even if we charge her in larger blocks when she is just plain sick?

What should we do in light of California’s new no-texting-while-driving law?

03/20/2009

Q. How does the new California law making it illegal to send and read text messages while driving affect employers?

What happens to accrued PTO leave when an employee separates?

03/20/2009

Q. Our company is considering replacing sick leave and vacation benefits with a paid time off (PTO) program. How are these plans treated upon the termination or resignation of an employee?

Can I fire this employee? His volunteer firefighting makes him miss too much work

03/20/2009

Q. I have an employee who is a volunteer firefighter. Although I believe that volunteering is important, his absences to respond to emergencies have disrupted workplace productivity. Can I replace him because of the problems his service causes?

Can I demand reimbursement of training costs?

03/18/2009

Q. I am a small employer. I invested a lot of money and time training a certain employee who just quit less than a year after I hired him. In the future, I would like to have all my employees sign an agreement stating that if they quit within a year, they will repay me at a rate of, say, $200 a month for the money I spent training them. Would this be OK?

Must we pay the union bargaining committee while we’re negotiating our next contract?

03/18/2009

Q. We are about to enter contract negotiations. In the past, we have always paid the members of the union bargaining committee for time spent in negotiations. However, we don’t have a contract provision addressing the issue. Are we required to pay union members for time spent in negotiations?

What’s scope of sexual harassment investigation?

03/18/2009

Q. We are looking into an allegation of sexual harassment. According to the alleged victim, after she came forward, other employees began telling her they had similar problems with the alleged harasser. None of those incidents was ever reported. Must we expand our investigation to include the unreported incidents? Where do we draw the line?