Q. We're afraid that a previously injured worker returned from medical leave too early. Can we require him to take additional leave if it's obvious that the injury is still hurting his job performance? —M.D., Wyoming
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Q. While on unpaid leave, one of our staffers applied for and was granted workers' compensation. This person has not expressed any interest in returning to work. She may even be working for someone else. Can we terminate her? —A.L., New York
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
Q. Is drug testing permitted under Maryland law? —L.R., Maryland
Q. We're a church with six full-time employees, three part-timers and six musicians who are paid per performance. Are we subject to FMLA? And who counts as an “employee” under the law: full-time, part-time and on-call workers, such as our musicians? —E.E., North Carolina
Q. How many hours must employees work to be considered full time? Part time? —D.S., Texas
Q. To protect my business's trade secrets, do I need to have all my employees sign employment contracts that include a trade-secret clause? —K.R., Michigan
Q. A former employee recently filed a complaint against my company with the Equal Employment Opportunity Commission (EEOC) alleging race discrimination. As part of its investigation, the agency will be coming to our offices to interview employees. Do I have to make these employees available? Can I sit in on the employee interviews? —D.N., Colorado
If your organization uses leased employees, you may want to check out the company that's providing those workers ...
When the Grand Prairie parks department hired Damon Bryan as a maintenance worker, it asked him about his criminal background. Bryan told them he had a conviction for aggravated assault, but he left out the type of assault. He had been convicted of sexually assaulting a 12-year-old girl ...