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Q&A

What’s the hourly rate for family member caring for employee out on workers’ comp?

02/12/2009

Q. One of our employees was injured at work and is now receiving workers’ compensation benefits and leave. One of his family members provides attendant care for him. What hourly rate of pay should this family member receive for her services?

Employee wants FMLA leave: Can we contact her health care provider?

02/12/2009

Q. When one of our employees requested FMLA leave, we asked for medical certification of a substantial health condition from her health care provider. We received the form, but cannot read some of the physician’s handwriting and do not understand some of the responses. We also need additional information not requested in the medical certification form. Can we seek clarification from the health care provider?

At what point does retired worker become ineligible for PTD workers’ comp?

02/12/2009

Q. If an injured worker has a catastrophic injury under Florida’s Workers’ Compensation Act and subsequently retires, does that mean the employee is not entitled to permanent total disability (PTD) workers’ compensation benefits?

How should we handle layoffs without risking discrimination claims?

02/12/2009

Q. We need to cut two employees from our marketing department. One of the employees we would prefer to keep was hired only six months ago. If we don’t base our decision on seniority, are we more susceptible to discrimination claims?

How do courts approach enforcement of noncompete agreements?

02/12/2009

Q. My company requires new employees to sign a two-year noncompete agreement. Are such agreements enforceable?

What should we do? Returning employee wants full-time work, we want part time

02/12/2009

Q. When an employee requested a reduced schedule as an accommodation of his medical condition, we agreed. He has now told us that he is able to work full time. However, because of business conditions, we’d prefer to keep him at a reduced schedule. Do we have to reinstate him to his full-time job?

What time off counts for the purpose of FMLA intermittent leave?

02/02/2009

Q. I told an employee who takes lots of FMLA intermittent leave that all his time out of the office (no matter what it was for) would count against his FMLA time. My VP told me I was wrong and that was absolutely not the law. Who is right?

Do we have to defend a third party whose negligence caused our worker’s injury?

02/02/2009

Q. One of our employees was badly injured when he tripped over equipment that had been left by our office building’s maintenance workers. Workers’ comp covered his medical bills and lost wages, but he also sued the building’s owners for negligence. Now we have a letter from the owners demanding that we defend them in the lawsuit and telling us we are responsible. How can that be? I thought we were protected by workers’ comp.

What should we have said—and say in the future—about an employee fired for theft?

02/02/2009

Q. We fired a part-time employee for stealing a gift card out of the trash. We have a policy against taking anything of value out of the garbage. The next day, his supervisor announced to everyone that the employee had been fired for theft. I don’t think it was appropriate to tell others the reason. Was it? And what should we say if someone calls for a reference?

What goes in a company credit card policy?

02/02/2009

Q. I work for a nonprofit agency. We plan to start using an agency credit card. We need a policy that covers who can use the card and when, plus some other things I haven’t thought of yet. What should the policy include?