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

Q&A

What constitutes FMLA notice?

08/14/2009

Q. An employee called in sick but did not provide any information, other than that he was sick and would not be at work. He didn’t mention the FMLA by name. Was his phone call sufficient notice that he might need FMLA leave?

Pilferage problem: Can we require all our warehouse workers to take lie detector tests?

08/14/2009

Q. We’re finding that there’s been an upsurge of items missing from our warehouse inventory. Can we require our warehouse employees to submit to polygraph tests?

Can I fire a worker who was arrested for DUI?

08/14/2009

Q. As I was reading the newspaper recently, I saw one of my employees featured in the arrest column. She had been arrested the night before for driving under the influence. Committed to maintaining a law-abiding workforce, I would like to terminate this employee. Can I?

Is drug abuse an ADA disability?

08/14/2009

Q. I suspect that an employee is using illegal drugs. Does drug use qualify as a “disability” under the ADA? Do I have to provide the employee with a reasonable accommodation? Or can I terminate his employment?

How does workers’ comp work alongside FMLA leave?

08/13/2009

Q. We have an employee out of work due to a workers’ compensation injury. Does the employee’s time off count against his FMLA leave?

Poor performance terminations and COBRA: Can we deny the new COBRA subsidy?

08/13/2009

Q. We had to terminate an employee for failure to adequately perform his job responsibilities. Can we deny him the COBRA subsidy because the termination was not a layoff or a result of the economy?

Are early retirees eligible for the COBRA subsidy?

08/13/2009

Q. We recently offered employees the opportunity to participate in an early retirement program, and several employees elected to take us up on the offer. Are they eligible for the new 65% COBRA subsidy?

Does the FMLA cover intermittent leave for in vitro fertilization?

08/07/2009

Q. One of my employees has informed me that she is about to begin undergoing in vitro fertilization (IVF) treatments. She requested some intermittent time off from work. Am I required to grant her request?

Downside of providing a recommendation on an employee’s social media page?

08/07/2009

Q. An employee has asked me, as his direct supervisor, to provide him a recommendation on his LinkedIn page. He’s a good employee and I don’t see any harm in granting his request. Are there any risks?

Can FMLA absences count against an employee’s attendance bonus?

08/07/2009

Q. We provide a perfect-attendance bonus to any employee who is not absent or tardy during the calendar year. If an employee’s only missed time is for a medical leave of absence, does the FMLA require us to nevertheless provide the perfect-attendance bonus?