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Q&A

What Makes an Environment ‘Hostile’?

08/01/2007

Q. What factors determine whether an environment is “hostile”? …

Double dipping workers’ comp and Social Security

08/01/2007

Q. Can an injured worker obtain both workers’ compensation benefits and Social Security disability benefits at the same time? …

Keeping the work environment safe

08/01/2007

Q. What proactive strategies can employers implement to promote a safe workplace? …

Punishing exempt worker who exceeds leave time

07/01/2007

Q. Can we deduct something from an exempt employee’s pay if he takes time off, comes in late or leaves early after he’s used up all of his leave time?

Can we install in-Plant security cameras without telling employees?

07/01/2007

Q. We have a theft problem in our plant. Our plant manager would like to install security cameras at key locations and exits, and would like to do this without telling our employees so that we can catch the guilty party. Is there any reason why we should not proceed with installing the cameras? …

You are required to notify employees who have been exposed to air contaminants

07/01/2007

Q. What are the requirements for eliminating welding fumes? According to recent air contaminant testing, our employees are exposed to fumes that exceed the permissible limit. Michigan OSHA (MIOSHA) has not inspected us. Are we required to notify MIOSHA or the federal OSHA of the test results? Are we required to notify anyone else? …

Essential job functions may include shift work

07/01/2007

Q. We have a three-shift operation, and all employees are required to rotate and work on each shift. We are reviewing an employee’s request to be excused from moving from the day shift to the afternoon shift. The employee’s doctor says that his patient should not work the afternoon and midnight shifts for medical reasons, which we believe are valid. Are we required to honor this request? …

Incentive pay hours don’t count toward the 1,250 hours required for FMLA leave

07/01/2007

Q. We are a hospital and we give employee “bonus” hours if they agree to work weekends and at other times that are difficult to staff. An employee has requested FMLA leave to care for a family member. Our employee has actually worked less than the FMLA-required 1,250 hours in the year, but because of the bonus hours, she has been paid as if she worked more than 1,250 hours. Does she qualify? …

Can a New Mom Demand Part-Time Schedule?

06/01/2007

Q. We had a full-time employee take FMLA leave to have her baby. After her 12 weeks off, she demanded a part-time schedule. We need the position to be filled full time. The shift we want her to work is the one she was working before she took FMLA leave. Do we have to let her work the schedule she wants?—E.L., Connecticut

The right way to check validity of doctor’s note

06/01/2007

Q. Our company requires a doctor’s note for employees who are out sick more than two days. Sometimes the notes look like something the cat dragged in. Can we call the doctor’s office to simply verify the note is real?—E.W., Pennsylvania