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Employment Law

Pregnant employees: Where can you draw the line?

06/01/2007

Pregnant employees and applicants are protected by two federal employment laws: the Pregnancy Discrimination Act and the FMLA …

Can a New Mom Demand Part-Time Schedule?

06/01/2007

Q. We had a full-time employee take FMLA leave to have her baby. After her 12 weeks off, she demanded a part-time schedule. We need the position to be filled full time. The shift we want her to work is the one she was working before she took FMLA leave. Do we have to let her work the schedule she wants?—E.L., Connecticut

The right way to check validity of doctor’s note

06/01/2007

Q. Our company requires a doctor’s note for employees who are out sick more than two days. Sometimes the notes look like something the cat dragged in. Can we call the doctor’s office to simply verify the note is real?—E.W., Pennsylvania

Allow BYOB at work celebrations?

06/01/2007

Q. We are an accounting firm. At the end of a grueling tax season, we celebrate with a company party. We’ve stopped supplying alcohol due to liability concerns. But could we allow employees to BYOB? We’d never let employees leave drunk, but could we be sued if they cause an accident?—J.J., Missouri

Post-Birth FMLA Leave: Can it be taken in shifts?

06/01/2007

Q. I know employees welcoming a new child into the family can take FMLA leave within 12 months of the child’s birth. But what if the employee takes just eight weeks after birth and returns to work? Can she take another four weeks of FMLA leave about six months later (i.e., still within the child’s first 12 months of life)?—L.O., Texas

FMLA time used up? Consider ADA before firing

06/01/2007

Q. An employee already took his 12 weeks of FMLA leave, but his doctors say he needs three to six weeks more. I want to terminate him because he isn’t ready to return. What’s the best way to go about it?—B.H., Florida

Is bereavement leave also FMLA leave? Not usually

06/01/2007

Bereavement leave for employees who suffer a death in the family may be part of your benefits package, but it isn’t necessarily covered by the FMLA …

Probation protects in case of bad background checks

06/01/2007

One good reason to have new employees serve a probationary period is that it gives you more time to check their backgrounds and find out whether they were forthcoming on their applications …

Going over supervisor’s head may be a protected activity

06/01/2007

Organizations are entitled to their employee’s loyalty, but that doesn’t mean employees have to remain silent about alleged discrimination. Although it may seem disloyal, approaching a customer about a workplace problem may be a protected activity under some circumstances …

Work to accommodate disability, but know when to fold

06/01/2007

Disabled employees are entitled to reasonable accommodations for their disabilities in order to perform the essential functions of their jobs. But that doesn’t mean employers have to create a whole new job within the disabled employee’s capacities. All the ADA requires is an honest attempt to find solutions …