Q. We have an employee returning from a leave taken under the FMLA. His physician has issued a fitness-for-duty certificate. However, we question the worker’s ability to perform his old job because the length of his absence was too short for him to recover completely. Also, the fitness-for-duty certificate simply states that he is “able” to work, without addressing his specific job duties. Can we send him to another physician for a second fitness-for-duty examination?
Q. I have an employee who is taking leave under the FMLA. The company is continuing to pay the same portion of her health insurance premiums that we paid while she was working. If the worker fails to return to work when her protected leave expires, may the company recover the premium payments made during her leave period?
Q. I recently discovered that an employee who handles my company’s accounts receivable has filed for bankruptcy. Can I discharge this employee?
Q. Is it becoming a practice among employers to quit conducting employee evaluations?
Q. We have an employee on FMLA leave. Can we replace her and find a different job for her when she returns?
Q. My company posted an internal job position for 24 hours and only one person applied. She got the job. This person knew about the position and the posting because she works in HR. Is this legal to do in the state of Texas?
Q. Our company has random drug testing. Can we send an employee to be tested for suspicion of drug use?
Q. May an employer provide an employee’s medical information to a collection company?
Q. My company would like to administer personality tests to job applicants. Does this practice violate the ADA?
Q. Must we pay a nonexempt employee who voluntarily works through lunch for the time, even though we never requested the extra work? …