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

Q&A

Consent required to run background checks on internal applicants?

01/01/2008

Q. We are considering applicants for a management position, including several internal applicants. Our policy is to obtain background checks on all candidates from a consumer reporting agency. If the internal applicants signed consent forms when we originally hired them, do we need to get new consent forms from them? — J.P. …

Internal thefts and background checks: What if employees withhold consent?

01/01/2008

Q. We are getting ready to conduct an internal investigation into a series of thefts that have occurred within one of our offices. We would like to obtain background checks from some of the suspected employees, but are concerned that they may refuse to execute the necessary consent forms. Can we require them to do so? — A.K. …

Background checks for everyone?

01/01/2008

Q. I’ve always heard that Georgia does not require that background checks be conducted on employees, except for certain types of employees who work with children or the elderly. Our new HR director believes that background checks are required for other employees as well. Who’s right? — W.P. …

Do a father’s prenatal visits qualify for FMLA?

01/01/2008

Q. Does all prenatal care qualify for FMLA leave, or does the female employee need to have complications to qualify? Also, can a husband take leave for his wife’s prenatal care, such as accompanying her to an ultrasound? …

Intermittent leave and part-time status

01/01/2008

Q. Can we change an employee’s status from full time to part time if he takes intermittent leave and his hours fall below what we consider full-time work? …

Multi-Site location: Are we covered under FMLA?

01/01/2008

Q. We have nine office locations spread around the state. All of them have far fewer than 50 employees. Do we have to offer FMLA leave? …

Consider ADA before firing after 12 weeks

01/01/2008

Q. Can FMLA leave be extended beyond the 12 weeks specified in the law? What if the employee is disabled and can’t return to work right away or can come back only part time? …

Can we reclassify past leave as FMLA?

01/01/2008

Q. If we weren’t immediately aware that the employee’s leave qualified for FMLA leave, can we make his leave retroactive to the first day he took off for the condition? …

Clocking in and out: Can we round up or down?

01/01/2008

Q. My company tracks the hours of nonexempt employees through the use of a time clock. In determining the wages to be paid an employee, can we round up or down to the nearest five-minute increment? …

How do California and federal laws treat surrogate motherhood?

01/01/2008

Q. One of our employees announced that she has agreed to become a surrogate mother. What, if any, kind of leave are we required to provide to her? …