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Q&A

Unpaid time off and exempt employees

07/01/2008
Q. Some of our exempt salaried employees are requesting time off without pay. Can we do this without jeopardizing their exempt status? …

FMLA leave when a military spouse returns from active duty

07/01/2008
Q. An employee reported that her husband, who is a soldier, is returning (safe and sound) from active duty. She wants to take off a month to be with him after being apart for so long. Is this FMLA leave? …

Restrictions on paid administrative leave?

07/01/2008
Q. We hired an employee on a short-term arrangement, but then placed her on administrative leave after we received complaints about her. The leave will continue until the end of the term, and we are going to pay her while she is on leave. Is this permissible? …

The advantages of having a handbook

07/01/2008
Q. We’re a small company and have never had an employee handbook. Why should we have one? …

How many kinds of harassment policies do we need?

07/01/2008
Q. We have a sexual harassment policy. Is that enough? …

Can we search an employee’s car if we think she’s using drugs at work?

06/17/2008
Q. We suspect an employee has been getting high at work. Over the past two weeks, co-workers have reported that the employee’s pupils were dilated and her speech was slurred. She stares out the window for extended periods of time, she fell while walking down the hall, her appearance is disheveled, and she takes multiple “rest breaks” to go to her car throughout the day. We want to search the employee’s car, but she refuses to let us. Can we search her car anyway? …

The ins and outs of employing minors

06/17/2008
Q. Now that summer is here, we have received applications from students under the age of 18 seeking seasonal employment with our company. Are there any requirements or restrictions that we need to be aware of before we hire a minor? …

Updating job descriptions

06/17/2008
Q. Several of our job descriptions have not been revised in decades. What type of information should we include in the updated descriptions? …

Does the Pregnancy Discrimination Act grant additional maternity leave?

06/12/2008
Q. We granted an employee maternity leave following the birth of her child—12 weeks of leave in accordance with the FMLA. Other than the FMLA, our company has no past practice or policy of granting leave (paid or unpaid) to employees except for their own medical conditions. Our employee claims that we will be discriminating against her because of her pregnancy and status as a new mother if we do not grant her additional leave time. I am aware of the Pregnancy Discrimination Act. Does it require us to grant our employee additional leave to care for her newborn? …

Paying for steward’s time spent on the grievance process

06/12/2008
Q. We have a problem with the union steward in our plant. He seems to think that his primary responsibility is working for the union, and that his job is secondary. He spends an inordinate amount of time filing and working on grievances. Are we required to pay an employee who is the union steward for time spent on union activities? …