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

Louis DiLorenzo

Can we give paid time off as a bonus to some?

07/11/2011
Q. One of the owners suggested that paid time off for employees should not be a set benefit, but a bonus. Can we just award paid time off as a bonus to some employees and not to others?

Can we ban personal cell phones at work?

07/04/2011
Q. Almost all our employees carry personal cell phones and seem to be calling or texting during work hours. Can we require them to put their phones in their lockers at the beginning of their shifts?

When do minor ailments become eligible for FMLA?

06/20/2011
Q. Are minor problems like urinary tract infections considered “serious health conditions” under the FMLA? Do we have to allow time off?

Different rules for pre- and post-birth FMLA leave?

06/17/2011
Q. We have a pregnant employee. She needs to take time off for medical appointments and perhaps complications. She then wants to take FMLA leave for birth and bonding. Should we require two separate medical certifications? And should we count all the medical appointments related to pregnancy against her 12 weeks of FMLA leave?

‘In our prayers’ condolences: Is it religious bias?

06/10/2011
Q. We send out a condolence card when one of our em­­ployees has a death in the family. We usually say something like, “Our thoughts and prayers are with you at this difficult time.” Now one of our employees has complained about the use of the word “prayer.” Do we need to change the message?

Can we ask applicants to leave voice-mail message?

06/03/2011
Q. Someone suggested that a good way to screen applicants is to require them to leave a recorded message explaining why they are qualified for the position. Is this legally OK?

Is FMLA available for weight surgery? Kidney donations?

05/19/2011
Q. We have a very overweight employee who wants to have a weight-reduction surgery. This will be expensive and she may be off work for up to six weeks. Do we have to grant her FMLA leave for that time?

Do disabled workers have extra rights during layoff?

05/12/2011
Q. We have several temporary positions we must fill. A disabled applicant is qualified and we want to hire him but are worried we won’t be able to terminate him after the position ends. Are there any rules that require us to retain him?

Must we give drug policy to an ex-employee?

05/05/2011
Q. We just terminated an employee for testing positive for PCP. Now the former employee wants a copy of our drug-testing policy. Do I have to provide it?

Can we request a note for all intermittent leaves?

04/28/2011
Q. We have an employee who was approved for intermittent FMLA leave. Can we request that she provide us with a note from her doctor each time she misses work? Or do we have to trust her when she says she had a “flare-up” and couldn’t work?