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Q&A

Worker receiving disability benefits: Can we substitute unpaid FMLA for paid leave?

01/01/2008

Q. My employee, who is a union member, has a nonwork-related injury that requires a six-week absence from work. In the meantime, she is receiving $300 per week through a union trust fund that provides her and other covered union members with short-term disability benefits. She also has requested and was placed on FMLA leave. We’d like her to substitute any unpaid FMLA leave with paid leave, which is our usual company policy when someone is out on FMLA leave. Is there a problem with doing this in this situation?

Is it insubordination to call in sick after being turned down for leave?

01/01/2008

Q. During the busiest period of the year, a veteran employee asked for time off to attend her nephew’s graduation. After being turned down, she called in sick on graduation day. Is this considered insubordination? And how should we handle this situation? …

Can managers make changes on time sheets?

01/01/2008
Q. Is it illegal for managers to change the time sheets of employees—either exempt or nonexempt—if they neglect to indicate a day off, etc.?

USERRA reinstatement requirements following military leave

01/01/2008

Q. When a manager takes an extended military leave of absence and I am forced to hire a replacement out of business necessity, am I still required to reinstate the manager upon his or her return to work? …

What are ADA requirements for accommodating depression and psychiatric disabilities?

01/01/2008
Q. If a worker complains that he or she is depressed and needs time off, do I have a duty under the ADA to give the worker leave?

Verifying I-9 document

12/01/2007

Q. It is my understanding that employers are required to view I-9 verifying documents within three business days of an employee’s hire. My company hires employees in various states, and I cannot personally view the I-9 documentation of the out-of-state employees. What process is acceptable for completion of the I-9 verification process if I cannot personally view the required documentation? …

Prohibiting salary talk

12/01/2007

Q. It has always been a rule in our workplace that employees’ individual compensation information is to be kept confidential and is not to be discussed with co-workers. I recently had to write up one of my employees for violating this policy. That employee told me that my rule prohibiting discussion of wage information is illegal. Is this true? …

Ohio minimum wage and part-Year workplace

12/01/2007

Q. We operate an outside recreational facility that is only operational for three months a year. Our attorney has advised us that we are not required to pay the current Ohio minimum wage or overtime wage rate as stipulated on the Ohio minimum wage poster. I thought that all Ohio employers were required to pay the minimum wage rate and overtime, and do not want to violate the law. Is our attorney’s advice correct? …

Do temporary employees count?

12/01/2007

Q. We’re a small company with about 45 employees, but we have another 20 employees who are temporary. Do we have to count the temps when complying with the EEO or other employment laws? …

Do supervisors’ ‘Unofficial’ employee files raise any legal red flags?

12/01/2007

Q. We have several supervisors who insist on keeping their own private files on employees in their departments, especially to record absences and comp days. Is this legal? …