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Q&A

Injured employee may have returned too soon: Can we require him to take more leave?

02/10/2011
Q. We’re afraid that a previously injured worker returned from medical leave too soon. Can we require him to take additional leave if it’s obvious that the injury is still hurting his job performance?

Must we accommodate ‘alternative’ religions?

02/10/2011
Q. We gave three Muslim employees a prayer area and time off to pray. This seems to have given others ideas. We had two religious accommodation requests for time off and dress code modifications. But I’ve never heard of their “religion.” Can I ask more about it?

Should we forbid supervisors from becoming their subordinates’ friend on Facebook?

02/09/2011
Q. A supervisor recently asked if he was allowed to accept a subordinate’s “friend” request on Facebook. How should we advise our supervisors?

Must we prorate bonuses for employees who missed work while out on FMLA leave?

02/09/2011
Q. Many of our employees are eligible for a bonus at the end of each year if they meet specific yearly sales goals. Are we required to prorate the bonus for employees who fail to meet their goals because they took FMLA leave during the year?

How long must old paychecks remain ‘live’?

02/07/2011
Q. One of our employees has not cashed a paycheck that we issued to her several months ago. How long are we required to keep the paycheck active?

Does Texas require paid holiday time off?

02/07/2011
Q. Last year, Christmas fell on a Saturday, and one of my employees who normally works Monday through Friday asked me if he would receive an extra day of pay. Are Texas employers required to provide employees with certain paid holidays?

Can I ask about attendance without violating ADA?

02/07/2011
Q. When interviewing prospective employees, will I violate the ADA by asking how many days of work they missed during the past year at their prior jobs?

How should learning disabilities be documented?

01/28/2011
Q. We have an employee who claims he has a learning disability and needs accommodations. What kind of documentation can we ask for? And do we have to pay for a medical assessment?

Are we allowed to require overtime?

01/28/2011
Q. Right now, we don’t want to hire anyone permanently and think it would be more cost effective to require our employees to work overtime instead. Can we force employees to work overtime?

Can we use a lottery to set our vacation schedule?

01/28/2011
Q. I know it’s early, but last summer we had lots of conflicts over who could take vacation during certain weeks, with several people demanding time off around holidays. I want to use a lottery system to allocate vacation time. Is this legal?