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Q&A

How do layoffs affect employees on sick leave?

09/12/2008

Q. Our company is planning a layoff, for which we will follow a “seniority” system to decide whose jobs are affected. When I look at our seniority list, I see that some of our current employees are out on medical leaves of absence. How should these employees be treated for layoff purposes? …

Can VESSA and FMLA leave run consecutively?

09/10/2008
Q. May an employee in Illinois take 12 weeks of unpaid time under the Victim Economic Security and Safety Act (VESSA) and then take 12 weeks unpaid FMLA leave? …

How does VESSA work?

09/10/2008
Q. What are the key elements of Illinois’ Victim Economic Security and Safety Act (VESSA)? …

Must we turn over personnel records that might compromise an investigation?

09/10/2008

Q. A former supervisor is the subject of an ongoing sexual harassment and retaliation investigation. He is asking to view his personnel records. The records contain the details of the retaliation complaint. Does he have the right to review his own personnel file? …

What are the rules concerning third-Party access to employee personnel files?

09/10/2008
Q. I have heard that under Illinois law, our company must notify an employee if we receive a request from a third-party to review that employee’s personnel records. Is that true? …

Under what circumstances must we pay interns?

09/09/2008

Q. My company would like to hire several college students as interns to work on special projects. Because the work has educational value, we are wondering if the internships can be unpaid. Can we do this? …

Election Day: Is paid time off required?

09/09/2008
Q. Are we obligated to pay employees for the time they take off to vote? …

Election Day: Mandatory time off to work the polls?

09/09/2008
Q. An employee who has already used all of his PTO for the year recently requested a day off on Nov. 4, 2008, to serve as an election judge. Do we have to give him the day off? …

Issues to consider before monitoring e-mail

09/09/2008

Q. If we suspect an employee is violating a company policy prohibiting harassment, can we monitor the employee’s e-mails? …

Does docking pay affect FLSA status?

09/05/2008
Q. I recently docked one of my salaried employees’ pay for damage he caused to his company vehicle. My HR director said that by doing so, we might have made the employee eligible for overtime pay. Is this true? …