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Q&A

Run FMLA leave concurrent with other leaves

10/17/2008

Q. One of our employees will be out for medical treatments for four to six weeks. He doesn’t want to use FMLA leave, just his accumulated sick and vacation days. We’re afraid he’ll use them up and then demand 12 weeks’ FMLA leave. Can we make him use FMLA leave first? …

Can we terminate employees on workers’ comp?

10/17/2008

Q. We have two employees who went out on workers’ compensation leave and never came back. They’re still listed as employees. Can we lay them off? …

Can we require workers to pay for their uniforms?

10/17/2008

Q. We’d like our retail staff to wear uniforms. Can we charge them for the uniforms? …

How should we handle background checks during a merger or acquisition?

10/14/2008

Q. We are acquiring another company and intend to hire hundreds of its employees. Can we rely solely on that company’s background and criminal checks? …

On Election Day, can we require employees to vote after work?

10/14/2008

Q. A number of employees have expressed concerns about long lines on Election Day and their intent to vote in the morning. That could make them late for work. Our office closes at 5:30, which gives employees 2½ hours to vote before polls close. Can we force employees to vote after they have completed their workday? If an employee who votes in the morning is late for work, can we deduct the missed time from his or her pay? …

What are the rules for conducting pre-employment physicals and drug tests?

10/14/2008

Q. I have been asked to screen applicants for several positions. Can we lawfully ask selected candidates to submit to physical exams or drug testing? …

Can employees volunteer time?

10/14/2008

Q. We are a small nonprofit organization that provides social services to the homeless. We cannot afford to pay employees overtime compensation, but some have expressed an interest in donating time to the organization to help provide services. Can our employees also provide work as volunteers? …

Can we deduct pay from exempt employees who have used up PTO and FMLA leave?

10/10/2008

Q. We have an employee who has a degree in accounting and is treated as a salaried, exempt professional employee under the FLSA. He became ill and has used his 12 weeks of FMLA leave. He chose to use the PTO leave concurrent with his FMLA leave. Since he returned, he has missed seven additional days of work. Can the company deduct these missed days from his pay without losing the salaried, exempt status?

Are we allowed to do anything that limits political expression at work?

10/10/2008

Q. Some union employees are wearing buttons and T-shirts as well as posting signs advocating presidential candidates. At first it was not bothering anyone, but now it has gotten out of hand. Is there anything I can do to prevent employees from exhibiting their political views in the workplace? …

What happens when union and employer disagree over what the arbitrator meant?

10/10/2008

Q. Our company has a union, and we recently lost a case in arbitration. The company and the union disagree on what the arbitrator held, and what is required of the company because of the award. The union is threatening to file unfair labor practice charges if we don’t implement the award as they interpret it. What do we do now? …