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Q&A

You Can Restrict Use of Personal Days

10/01/2001

Q. If a company provides both personal and vacation days for its employees and does not define what a personal day is, can that be used for anything outside of vacation time? —E.H., Utah

Timecard Adjustments OK

09/01/2001

Q. Our employees punch a time clock and then go to job sites. Sometimes they don’t take a lunch break. But when they do, they’re unable to clock out and back in, so there’s no time record. Can a manager adjust the timecard by marking through the daily total and deducting the lunch time? –A.P., Virginia

Get Certification Before Granting FMLA Leave

09/01/2001

Q. An employee told her supervisor that she needed surgery. We approved time off under the FMLA with the understanding that she would provide certification after the leave began. We later discovered that this “necessary” procedure was liposuction. Can we revoke approval of medical leave under FMLA and convert sick hours used to vacation hours instead? Can we fire her based on inappropriate use of the FMLA? —T.S., Florida

Beware OT Calculation When It Involves Bonus Pay

09/01/2001

Q. We have an add-on to wages of $100 if an employee who’s not scheduled to work gets called in within 72 hours. The employee gets paid for the hours worked at his normal wages, with time and a half if it adds up to overtime. The $100 is then added for the hours worked, and taxes are calculated on these earnings as usual. Is this a legal way of rewarding employees for coming in on short notice? –J.S., Oklahoma

Uneven Comp-Time Policy Can Cause Trouble

09/01/2001

Q. Our company manual doesn’t address compensatory time off, but we have offered certain exempt managers an hour of comp time for every hour of overtime worked. Do we have to pay them for accrued comp time when we terminate them? In the past, we’ve paid comp time to some and not to others. Can we negotiate our own terms with each employee? —E.B., Oregon

FLSA Limits Work Done by Volunteers, Unpaid Interns

08/01/2001

Q. I run a small advertising office. A college student has asked to join our staff for the summer. She proposed to work every day for a couple months at no cost. It would be great to get some free help. Is there anything wrong with hiring her? —G.I., Maryland

Privacy Laws Protect Most Phone Conversations

08/01/2001

Q. I’m considering instituting a policy at my company that would permit me to record my employees’ phone conversations. Can I record employee phone calls without their consent? —P.C., Michigan

Limit Employee Access to Personnel Files

08/01/2001

Q. I keep on file each employee’s application, résumé, performance evaluations and any other praise or disciplinary records. Do I need to provide my employees with access to their files? And, if so, do I have to show them everything? —S.K., New Hampshire

Urge Staff to Visit Doctor During Off-Duty Hours

07/01/2001

Q. We don’t usually require employees to provide documentation when they take time off for doctors’ appointments, but one worker has a pattern of scheduling these “appointments” on the Friday before holiday weekends. Can we request verification from the doctor’s office on a case-by-case basis? —J.B., Washington

Newborn’s Medical Problems May Warrant Shorter Hours

07/01/2001

Q. A long-standing employee recently took leave under the FMLA to give birth, but her twins have many medical complications. She exhausted her eligibility under our disability carrier and isn’t eligible for long-term disability because she’s not disabled. We want her back, but she can’t commit to even 20 hours a week. What are our obligations under the FMLA, and would this individual be entitled to unemployment compensation if we terminate her? —G.B., New York