Q. We employ the unwed parents of a newborn child. They have requested FMLA leave to care for their child after birth. Both parents are eligible for leave, but we would like to limit their leave to a combined total of 12 weeks during the 12-month leave period. Can two parents of the same newborn be limited to a combined total of 12 weeks of leave under the FMLA?

Q. We recently had to discharge an employee for poor work performance. We are a relatively small company (70 employees) and don’t often fire people. Because of special circumstances that forced us to terminate the employee rather than try corrective action, we think it is very possible there will be some kind of litigation. Do you have any recommendations for what we should do or think about now, even before any lawsuit has been filed?

Q. We have an employee who had been performing light-duty work for more than six months. We laid him off based on his seniority. Now he is receiving workers’ compensation benefits again. Our collective-bargaining agreement provides that an employee will lose seniority after being laid off for a year. Does the fact that our employee is receiving workers’ comp benefits have any effect on his seniority rights?

Q. I am a small employer. I invested a lot of money and time training a certain employee who just quit less than a year after I hired him. In the future, I would like to have all my employees sign an agreement stating that if they quit within a year, they will repay me at a rate of, say, $200 a month for the money I spent training them. Would this be OK?

Q. We are looking into an allegation of sexual harassment. According to the alleged victim, after she came forward, other employees began telling her they had similar problems with the alleged harasser. None of those incidents was ever reported. Must we expand our investigation to include the unreported incidents? Where do we draw the line?

Q. We are about to enter contract negotiations. In the past, we have always paid the members of the union bargaining committee for time spent in negotiations. However, we don’t have a contract provision addressing the issue. Are we required to pay union members for time spent in negotiations?

Q. We employ the unwed parents of a newborn child. They have requested FMLA leave to care for their child after birth. Both parents are eligible for leave, but we would like to limit their leave to a combined total of 12 weeks during the 12-month leave period. Can two parents of the same newborn be limited to a combined total of 12 weeks of leave under the FMLA?

Q. Our company is heading into union contract negotiations early this year, and I have been asked to organize the bargaining sessions. I know in the past we have bargained at a local hotel, but we always get stuck with the bill. Does the company have to pay for hotel conference rooms and the refreshments? This cost adds up over a period of weeks. What are the realistic options?

Q. A local college has asked our company to allow a student to work at one of our plants for credit this summer. The student would not be paid, which sounds like a great deal for the company. However, we are concerned about what would happen if the student were injured while interning. Would we be liable?

Q. Is it true that someone now has to watch my employees give urine specimens as part of DOT drug and alcohol testing?

Q. We have an employee who has a history of clashing with others at work. Her supervisors have addressed this with her many times. Recently, she sent an e-mail that was unprofessional and insulting to co-workers. If we fire her, could she successfully sue us for sex discrimination or harassment?

Q. Our manufacturing company has a current job opening for an engineer. One of our employees who is on active duty in Iraq for six months learned of the position and would like to apply. Do we have to consider his application?

Q. I have had a number of questions about recent amendments to the ADA. Can you provide a brief explanation of what the changes mean?

Q. We have an employee who has a degree in accounting and is treated as a salaried, exempt professional employee under the FLSA. He became ill and has used his 12 weeks of FMLA leave. He chose to use the PTO leave concurrent with his FMLA leave. Since he returned, he has missed seven additional days of work. Can the company deduct these missed days from his pay without losing the salaried, exempt status?

Q. Our company has a union, and we recently lost a case in arbitration. The company and the union disagree on what the arbitrator held, and what is required of the company because of the award. The union is threatening to file unfair labor practice charges if we don’t implement the award as they interpret it. What do we do now? ...

Q. Our company is planning a layoff, for which we will follow a “seniority” system to decide whose jobs are affected. When I look at our seniority list, I see that some of our current employees are out on medical leaves of absence. How should these employees be treated for layoff purposes? ...

Q. Some union employees are wearing buttons and T-shirts as well as posting signs advocating presidential candidates. At first it was not bothering anyone, but now it has gotten out of hand. Is there anything I can do to prevent employees from exhibiting their political views in the workplace? ...

Q. While at work, one of our employees suffered what we believed to be a minor back injury. We sent him to a clinic, which determined that he could perform light-duty work. We offered him a light-duty assignment. Now the employee has gone to his personal physician, who has excused him from all work. The employee’s physician also has billed us for his services, since this was a work-related injury. We do not know how to respond to these differing opinions or whether we are obligated to pay for the employee’s personal physician’s services ...

Q. Our company is in the midst of planning for contract negotiations. The bargaining committee has made it known it will demand that the company pay for all steel-toed safety shoes. The company does require that its employees wear steel-toed safety shoes in the plant, but the company has never paid for the shoes. The union states that because of new OSHA regulations, which have been adopted in Michigan, the employer is required to pay for employee personal protective equipment (PPE) and therefore must pay for the safety shoes. ...

Q. We have a lot of trouble with our employees’ union in terms of processing grievances. The form the union uses does not provide enough information for my HR office to determine if the grievance has merit or not. We would like the union to identify the contract provision that it believes has been violated, along with sufficient facts to understand the issue. Any thoughts? ...

Q. We maintain employee personnel information in an HR software program. We have discovered that a former employee hacked into the database and copied 100 employees’ first and last names, addresses, Social Security numbers and driver’s license numbers. Do we have to notify the employees? Some of them live and work in Ohio ...

Q. One of our employees was hired to a position that requires her to drive to customers’ offices. When we hired her, she reviewed and signed a job description that included a statement “that transportation was an essential function of her job.” Public transportation is not a realistic option. She recently received test results suggesting she might be suffering from multiple sclerosis. She provided a return-to-work slip indicating she would be able to return to work on a part-time basis but would not be able to drive or do heavy lifting. We told her we cannot accommodate her restrictions, but we provided a four-month leave of absence. Assuming she will not be able to drive when she returns, are we within our rights to discharge her? Are we going to violate her rights under the ADA or Michigan disability laws? ...

Q. We use a standardized employment application form. One of the questions on the form asks for the applicant’s date of birth. We have been told that it is illegal to ask for this information, as it might lead to age discrimination. Is this true? ...

Q. We have an employee who has a “bad back.” We have medical reports indicating he has a congenital back problem that frequently causes severe pain. Although he has a light-duty job, he frequently misses work because of his back pain and often seeks workers’ compensation benefits during his absences. Are we always going to be liable for workers’ compensation benefits when his back prevents him from working? ...

Q. Our company is responding to a charge filed with the Michigan Department of Civil Rights (MDCR). The allegation relates to management’s treatment of one employee. However, during the investigation, the MDCR  asked us to produce various unrelated records—for example, promotion records. The charging party has made no claim that he was discriminated against with respect to any promotion. He has never even sought a promotion. How should we respond to this request? ...