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

Susan Lessack

Unmarried parents: Can they take FMLA together?

06/05/2012
Q. Two of our employees live together but are not married. They want to take FMLA leave at the same time after their child is born. Since they work in the same section, doing similar work, this would be a big problem. If they were married, we could make them share the 12 weeks. Can we force them to do the same even if they aren’t married?

Encouraging healthy staff: How far can we go?

05/30/2012
Q. Some of our employees are quite heavy. We’re concerned they may become a liability at insurance renewal time because we suspect they have health problems (they also smoke and eat junk food). Can we ban smoking near our premises and make the workplace a snack-free zone?

NLRB union poster on hold: Can we still post it?

05/29/2012
Q. We had the NLRB union-rights notice laminated and it is ready to be posted in our break room. Now the deadline is off. Can we still display it?

Is it OK for managers to adjust timecards?

05/24/2012

Q. Our employees punch a time clock and then go to job sites. Sometimes they don’t take a lunch break. But when they do, they’re unable to clock out and back in, so there’s no time record. Can a manager adjust the timecard by marking through the daily total and deducting the lunch time?

What recourse do we have if employee repeatedly misses work on Mondays?

05/24/2012
Q. How can we handle an employee who routinely uses vacation and sick time on Mondays?

When register drawers are short, may we demand repayment out of cashiers’ pockets?

05/24/2012

Q. Management wants to institute a policy requiring cashiers whose registers are short at night’s end to replace the disputed amount out of their own pockets. Would that violate the law?

What should we do if we suspect employee is engaged in workers’ comp fraud?

05/24/2012

Q. While on unpaid leave, one of our employees applied for and was granted workers’ compensation. This person has not expressed any interest in returning to work. We think she may even be working somewhere else. Can we terminate her?

Where can I find required posters?

04/24/2012
Q. We’ve received differing information on exactly what notices we’re legally supposed to post in our office. Where can I find a reliable listing?

How long before we should convert temp staff to employee status?

04/24/2012

Q. Is there a law (or advisable benchmark) regarding how long we can hire temporary staff before they must be either hired on a permanent basis or released?

Can FMLA leave cover routine tardiness?

04/24/2012
Q. Some of our employees routinely ask to use FMLA when they are five or 10 minutes late. It’s a scheduling nightmare and hurts morale. Does the FMLA cover employees who are consistently tardy?