Q. An employee's been on FMLA leave for pregnancy for about 17 weeks. Now that the 16 weeks (12 under FMLA, plus four additional in our state) have expired, we plan to terminate her and let her know that she is eligible for rehire when and if she returns to work. Are we legally safe? —C.A., California
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Q. Our company gives eight hours of sick leave per month to nonexempt employees. We've been told that, under the FLSA, exempt employees are to be paid whenever they are sick. So our exempt employees have virtually an unlimited sick-leave balance. Is this a correct way to interpret the FLSA? Should we have some type of sick-leave accrual and tracking for our exempts? —D.H., Kentucky
Q. I'm under the impression that our company is obligated to give employees all vacation accrued up to the time of their FMLA leave, but we're not obligated to let employees accrue vacation leave during their FMLA leave. Am I right? —B.K., Wisconsin
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
Q. Our company routinely runs background checks on all people to whom we offer positions. Can we legally disclose an employee’s background information to a customer who requests it? (The employee is working on the customer’s job site.) —L.B., North Carolina
Q. I'd like to contact an applicant's former employer, but that employer wasn't included in the applicant's reference list. Can I call the employer anyway? —A.T., Wyoming
Q. Our business has 14 employees, and we pay 100 percent of their health insurance costs. One employee is out on workers' comp. Are we required to continue paying his health insurance, or can we offer him COBRA? —P.F., Delaware
Q. Our company is considering anti-harassment training for all employees. Some individuals are concerned that it will stir up lawsuits. Do you recommend such training? —J.R., Maine
Q. Are all employers required to have affirmative action plans? —T.S., Maryland
The Florida Commission on Human Relations will host its annual Florida Employment Law conference Dec. 11-12 in Orlando ...