Q. Our company has 250 employees in eight states, but we have FMLA eligible employees in only one state. As I rewrite our employee handbook, I will include the mandatory FMLA language. However, I would like some input on what type of policy, if any, to include for non-FMLA eligible employees.
Q. I am updating job descriptions. We sometimes use the term “high energy” as a qualification. Does this violate the ADA or other laws?
Q. Almost all our employees carry personal cell phones and seem to be calling or texting during work hours. Can we require them to put their phones in their lockers at the beginning of their shifts?
Q. One of the owners suggested that paid time off for employees should not be a set benefit, but a bonus. Can we just award paid time off as a bonus to some employees and not to others?
Q. Are minor problems like urinary tract infections considered “serious health conditions” under the FMLA? Do we have to allow time off?
Q. We have a pregnant employee. She needs to take time off for medical appointments and perhaps complications. She then wants to take FMLA leave for birth and bonding. Should we require two separate medical certifications? And should we count all the medical appointments related to pregnancy against her 12 weeks of FMLA leave?
Q. We send out a condolence card when one of our employees has a death in the family. We usually say something like, “Our thoughts and prayers are with you at this difficult time.” Now one of our employees has complained about the use of the word “prayer.” Do we need to change the message?
Q. Someone suggested that a good way to screen applicants is to require them to leave a recorded message explaining why they are qualified for the position. Is this legally OK?
Q. We have a very overweight employee who wants to have a weight-reduction surgery. This will be expensive and she may be off work for up to six weeks. Do we have to grant her FMLA leave for that time?
Q. We have several temporary positions we must fill. A disabled applicant is qualified and we want to hire him but are worried we won’t be able to terminate him after the position ends. Are there any rules that require us to retain him?