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Q&A

How can we find out whether employees are poaching health coverage for partners?

12/23/2009

Q. A few of our employees have added their spouses to our health benefits plan. We’ve heard through the grapevine that some of these couples aren’t actually married. Can we check on this without being discriminatory?

To what extent can we use electronic systems to store I-9s and other personnel documents?

12/23/2009

Q. I understand that I-9 forms can now be stored electronically. To save on office space and filing time, our department is considering scanning and electronically filing all personnel files and documents. Is this OK?

Do we need to provide a ‘sick couch’?

12/23/2009

Q. Are we required to provide a couch or cot on the premises in the event that an employee becomes ill? Are there any laws that dictate safety or health reasons for doing this?

When should we request fitness-for-duty exam?

12/18/2009

Q. One of our employees recently told her supervisor that she has a heart condition. She went home early the other day because she wasn’t feeling well. Can we request that she get a doctor’s note clearing her to work?

Can employee on FMLA leave collect unemployment?

12/15/2009

Q. We have an employee out on unpaid FMLA leave. She said she wants to collect unemployment compensation. Is she eligible?

Is an employee’s refusal to cooperate with an internal investigation a firing offense?

12/14/2009

Q. We have an employee who has declined to cooperate in a workplace investigation into an issue that could threaten our company’s operations. Can we terminate the employee for insubordination?

What are the new FMLA military leave protections?

12/11/2009

Q. I understand that the FMLA military leave rights have been expanded. Can my employees request leave to care for a family member who is a veteran undergoing medical treatment?

A worker is asking us for a loan: How can we set up a legal repayment plan?

12/09/2009

Q. An employee wants to borrow $2,000 from the company to cover a family emergency, and we’re willing to make the loan. How should we structure the loan and repayment terms so we can deduct a certain amount from the employee’s bimonthly paycheck? We also want to be able to deduct the balance of the loan from the employee’s final paycheck in the event he is terminated before completely repaying the loan.

How should we count FMLA leave when both parents work for the same company?

12/09/2009

Q. Our company employs a husband and his wife in different departments. Their daughter has been diagnosed with a serious medical condition that requires hospitalization for extended periods of time. The couple wants to know how much time they are entitled to under the FMLA to care for their child. Our company policy provides that spouses employed by the company can get only a combined total of 12 weeks to care for a sick child. Is that a correct application of the law, or does the FMLA prevent us from implementing such a policy?

During the hiring process, when is it OK to ask about disabilities?

12/09/2009

Q. Are there any circumstances where an employer can justify considering a prospective employee’s disability in making hiring decisions?