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Q&A

What should we include in a policy banning cell phone cameras?

05/23/2008
Q. I’m looking to create a policy regarding cell phones with photographic capabilities. Any suggestions? …

What to do about employee who takes long leaves for medical problems?

05/23/2008
Q. We’re a small business with eight employees. One employee frequently takes off for six to eight weeks with medical problems. She’s done this each year for the past three years. It’s a huge burden because very few people have her training, so we can’t hire a temp. How long do we have to allow her to disappear for weeks at a time?

May we ask about criminal convictions?

05/23/2008
Q. Our employment application asks whether the candidate has been convicted of a felony. Is it legal for us to ask this? If so, can we ask what the applicant has been convicted of? Can that information be used as a basis for not hiring an individual?

What’s this we heard about a California military family leave law?

05/16/2008

Q. We recently learned that a new law was passed allowing the spouses of military personnel to take unpaid leave. Is this true? …

What are our responsibilities when an employee has been threatened with violence?

05/16/2008

Q. One of our employees has a boyfriend who has threatened her with physical violence. What steps, if any, should we take to protect the employee in the workplace? …

Should we now be using the new I-9 Forms to document worker eligibility?

05/16/2008

Q. Our HR department is using I-9 forms from several years ago. At what point should we use the new revised form issued by the federal government? …

What counts as an ‘FMLA week’: 40 hours?

05/15/2008

Q. How should I calculate the number of hours to charge to an employee’s 12-week FMLA entitlement? We have employees who work 40, 55 and 64 hours per week. Do we give them a 12-week cap or do we extend the weekly amount to cover the amount of weeks it would take to cover 480 hours (which assumes a “standard” 40-hour week)?


Paying for insurance while on disability

05/15/2008

Q. We have an employee who is currently on short-term disability (STD) and is approaching long-term disability (LTD). Our company pays 95% of medical insurance premiums and 100% of STD and LTD premiums. The employee is no longer receiving a salary. Does our company have to continue to provide and pay for medical insurance? — K.M., Arizona …

Putting employee on FMLA leave: Who decides?

05/15/2008
Q. I’m confused about medical certifications and employees who don’t want to use FMLA leave. Can I, if I believe the employee is out for an FMLA condition, force him to take FMLA leave? — A. B., Florida …

Co-Worker couples: FMLA leave cut in half

05/15/2008
Q. I’ve heard that if both parents work for the same company and they have a child, they’re only allowed to take a combined 12 weeks of FMLA leave. Is that true? — J.S., Pennsylvania