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Q&A

Can we make employee cover up her tattoos?

02/24/2011
Q. One of our employees has tattoos on her upper arms. She usually wears long sleeves, but summer is coming. Can we require her to cover the tattoos? We don’t have any kind of a dress code, but would implement one if it meant she had to cover them.

How do we decide whether we need to pay for responding to off-duty phone calls?

02/23/2011
Q. We would like to require employees in one of our departments to promptly answer their company-provided cell phones even when they are away from work. If we impose this rule, do we have to pay these employees around the clock?

Should we pay for training time?

02/23/2011
Q. Occasionally, we offer in-house training and development programs for our employees. The training is strictly voluntary and isn’t conducted during normal working hours. Our company has never paid employees for the time spent attending such training. Is that legal?

If employee won’t admit disability, what are our reasonable accommodation obligations?

02/21/2011
Q. One of our employees is experiencing performance-related problems, which I believe are attributable to a mental disability. However, the worker has not notified anyone here that he suffers from an impairment that substantially limits a major life activity. He hasn’t asked for any accommodations either. Should we nonetheless offer to reasonably accommodate this employee?

Can workers use FMLA and sick leave back-to-back?

02/16/2011
Q. One of our employees thinks she will need about five months off for medical treatment. She wants to use her accumulated vacation and sick time and then go on FMLA leave. Do I have to allow this?

How can I discipline exempt staff for poor work?

02/15/2011
Q. After the holidays, our hourly employees returned to pre-holiday productivity. But our exempt employees didn’t. What can I do since their salaries aren’t dependent on how many hours they work?

What’s this I hear about a partnership between the government and the ABA to help employees sue?

02/11/2011
Q. I’ve heard that employees may soon be getting free legal services to sue employers. Is this true?

How much time off must we grant for school activities?

02/11/2011
Q. We are short-staffed due to layoffs. One of our employees wants to take more time off to attend school activities, even though we have already allowed her to attend parent-teacher conferences and a talent show. How much leave is the employee entitled to take under the Illinois School Visitation Rights Act?

Must we grant time off so employees can participate in activities at their children’s schools?

02/11/2011
Q. An employee is asking for time off to attend a classroom activity for his child. Do we have to comply with this request?

In Illinois, what are the penalties for unpaid wages?

02/11/2011
Q. I heard that employers may soon be prosecuted for not paying employees on time. What are the penalties for employers that violate the Illinois Wage Payment and Collection Act?