Ask the Attorney Archives

Q. In our organization, employees going on FMLA medical leave due to a personal illness (not for family) typically start receiving Short-term disabily (STD) on the 31st day of leave. Any paid leave an employee receives within the first 30 days of medical leave is paid, utilizing their own accrued sick or vacation leave. If an employee (let’s say for maternity) is given a clearance to return to work in six weeks, her STD pay stops at that point, as well. If she wants to stay out past the approved six-week period, are we required, as the employer, to allow her to utilize any residual sick or vacation leave she may still have on the books? Or, is there any law indicating that we cannot block her from being able to use time that she has accrued? – S. Williams, Virginia

Q. Long story short, we must pay an employee back pay for six weeks that he was not working for our company. It was deemed by the union through a grievance meeting that the employee will come back to work with back pay for the six weeks. Our question is this: How must we pay the back pay? Is it legal to ask to pay it in installments, or at a lower rate? We want to do right by the law, but a lump sum payment could cause hardship on the company’s finances. — Kate, Maryland

Q. I have one employee in my small company. He’s also an officer (president) of the company. I want to know how much notice I am required to give and any other requirements. Also, I’d like to know if I am liable for unemployment if he files for unemployment, or is that something that the government pays? – Anonymous, New York

Q. What if we change our story on company records and the employee possibly could have recorded the original meeting. How do we protect ourselves if he has a tape recorder of the original meeting. How can we get out of the lie? – Michelle, Indiana