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Q&A

How often can we request medical information from a chronically absent employee?

04/22/2009

Q. If an employee constantly calls in sick because of migraine headaches, how can we verify the real reason for the absences? Can we ask for information each time the employee is absent?

What are the privacy rules when searching an employee? We suspect theft

04/22/2009

Q. Can we open an employee’s personal space or belongings—such as her locker, purse or desk drawer—if we suspect she is stealing?

When an employee gets married, do we need new forms?

04/22/2009

Q. When employees get married, do we need new W-4s to show the new name? And do we need new I-9s?

Vacation, PTO and unexpected Saturday work: How should we pay?

04/22/2009

Q. We have a nonexempt salaried employee who normally works Monday through Friday. We pay her biweekly. She took a weeklong vacation, which normally would come out of her paid time off (PTO) bank. We had a customer emergency and called her into work on the Saturday of her vacation week. How should we pay her? …

How can we legally handle paychecks when employees use designees for pickup?

04/22/2009

Q. Once a year, we have employees show a picture ID and provide a signature that allows them to authorize someone else to pick up their paychecks for them. If an employee doesn’t provide ID and a signature, we will mail the check or hold it until he or she personally picks it up. Is this legal?

How much FMLA leave for unwed parents?

04/20/2009

Q. We employ the unwed parents of a newborn child. They have requested FMLA leave to care for their child after birth. Both parents are eligible for leave, but we would like to limit their leave to a combined total of 12 weeks during the 12-month leave period. Can two parents of the same newborn be limited to a combined total of 12 weeks of leave under the FMLA?

Preparing for possible litigation

04/20/2009

Q. We recently had to discharge an employee for poor work performance. We are a relatively small company (70 employees) and don’t often fire people. Because of special circumstances that forced us to terminate the employee rather than try corrective action, we think it is very possible there will be some kind of litigation. Do you have any recommendations for what we should do or think about now, even before any lawsuit has been filed?

How does a layoff affect seniority for someone receiving workers’ comp benefits?

04/20/2009

Q. We have an employee who had been performing light-duty work for more than six months. We laid him off based on his seniority. Now he is receiving workers’ compensation benefits again. Our collective-bargaining agreement provides that an employee will lose seniority after being laid off for a year. Does the fact that our employee is receiving workers’ comp benefits have any effect on his seniority rights?

What’s going on with the new Form I-9?

04/17/2009

Q. I recently heard that employers are now required to use a new I-9 form for new employees. Is this true?

What are the ‘seventh-day’ requirements for paying part-time employees?

04/17/2009

Q. If an employee works four-hour shifts for seven consecutive days, are we required to pay him time-and-a-half for the seventh day? Is it even lawful for us to require him to work seven consecutive days?