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Q&A

Maternity leave for small employers

04/01/2008
Q. We are a small not-for-profit organization with eight full-time and 20 (give or take) part-time employees. One of our full-time employees is asking about maternity leave. We currently do not have a policy in place for maternity leave. What are our options? …

Must we release personnel file to employee terminated for inappropriate behavior?

04/01/2008
Q. We recently terminated an employee for inappropriate workplace behavior. About two weeks after his last day of work, I received a letter from him requesting a copy of his personnel file. He did not state why he wanted it (although I can guess), and I’d rather not give him possible ammunition to use against the company in a lawsuit. Are we required to provide terminated employees access to or copies of their personnel files? …

The rules for paying for on-Call time

04/01/2008
Q. Our facility supplies support services to local hospitals, providing around-the-clock care on an as-needed basis to repair or service equipment. This does not demand a constant, on-site staffing presence, but it does require us to keep certain employees on call during evening and night-time hours. Are we required to pay them for the time they spend on call? …

The wisdom of showing written performance reviews to employees

04/01/2008
Q. We usually don’t allow our employees to read or comment on their annual evaluations. Instead, we perform a performance review one-on-one and have them sign an acknowledgment that they have discussed their performance. Do we need to provide them with a copy of the evaluation? …

After a merger, must you draft new I-9s for all employees?

04/01/2008
Q. Our company is currently going through a merger. Are we required to complete a new I-9 employment eligibility form for each employee who worked for the other company, or are these employees “grandfathered” in? …

Can we dock vacation time if sick leave is exhausted?

04/01/2008
Q. If an employee is out sick but has already used up her sick leave hours, can we legally subtract from her vacation time instead? …

How to handle employee’s domestic abuse

04/01/2008
Q. There is an employee in our company who repeatedly comes in to work with injuries obviously suffered at the hand of her spouse. As an employer, do we have an obligation to alert authorities about at-home physical abuse of an employee? …

Collecting unpaid health insurance premiums after FMLA leave

04/01/2008
Q. One of our employees recently came back from FMLA leave. Before he left, we never agreed on the method by which he would pay his share of health insurance premiums. It’s been two months now, and the employee hasn’t mentioned it or attempted to pay us back. What can we do to collect the premium? …

Nipping threat of nepotism in the bud

04/01/2008
Q. Some employees have complained anonymously that an employee is receiving preferential treatment because she’s the niece of a manager. We would like to defuse the situation by transferring her to another office. Is this OK? …

Migraines, job transfer and the FMLA

03/01/2008

Q. Our receptionist has been certified as eligible for intermittent FMLA leave for migraines. When she calls in sick without notice, it really disrupts our workplace; we have to pull someone from another position to cover her duties. Can I transfer her to another position where we can better accommodate her absences? …