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Q&A

Can we refuse to reinstate an employee who has been out on CFRA leave?

03/01/2008
Q. Under what circumstances can we deny reinstatement to an employee who has been out on leave under the California Family Rights Act?

Are there California laws analogous to the Genetic Information Nondiscrimination Act?

03/01/2008
Q. I know that as an employer, I have to abide by GINA and not discriminate based on genetic information. But are there any state statutes addressing this matter?

Paycheck stubs’ new look for 2008

03/01/2008
Q. Are there new requirements regarding the type of information that should be included on an employee’s pay statement? …

Must our handbook include a disclaimer to preserve our ‘At-Will’ status?

03/01/2008
Q. I know some states, such as South Carolina, require employers to insert disclaimers into employee handbooks to prevent the handbooks from affecting the employer’s status as an “at will” employer. Does Georgia have such a law? …

What should a handbook disclaimer say?

03/01/2008
Q. How should an employee handbook disclaimer be worded? Is any specific language required in order for the disclaimer to be effective? …

Must arbitration agreements be initialed by employer and employee?

03/01/2008
Q. My company implemented an employment arbitration program several years ago, applicable to employees in all states, including Georgia. I recently have been told that Georgia law has special employment arbitration rules requiring that both the employer and the employee initial arbitration agreements in order to be enforceable. Is this true? We don’t do this …

Can we force workers to take vacation time?

03/01/2008
Q. Can we make employees take off vacation time? Our employees earn 20 days per year and are allowed to carry over a total of 60 days to the new year. Accrued vacation time is an unfunded liability, and our policy requires that we pay departing employees for their vacation time. We’d certainly prefer that they take time off rather than collect a large check when they leave. —G.D., Florida …

When FMLA leave goes beyond doctor’s estimate

03/01/2008
Q. An employee with asthma got medical certification for her intermittent FMLA leave. It said her expected absence frequency was three to five times per month. This month, she took six days off. Must we count the last day as intermittent leave, or can we rely on the upper estimate from her doctor? — B.L., Missouri …

Fighting at work: Fire one, both or neither?

03/01/2008

Q. Two of our employees got into a fight. One had a weapon, the other didn’t. The unarmed person wound up in the hospital. His supervisor told the injured employee to get better and come back to work. But the owner doesn’t want either back. Can we fire the injured employee without any future problems? —M.R., New Jersey …

Making demands while employee is on disability leave

03/01/2008
Q. We have an employee on disability leave because she had dental reconstructive surgery due to oral cancer. Shortly after her return, her supervisor gave her a deadline to get her backlogged work done. It may not be a realistic deadline. If we discharge her, can we be in legal trouble? — Anonymous …