Practical HR Tips, News & Advice. Updated Daily.
Question: We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)? Answer: Great question; complicated answer. The answer is complicated because a question about FMLA leave is always the start of a longer conversation about whether other […]
Question: Is there a statute of limitations regarding when employers must inform employees of an overpayment of wages, and can employees be held legally accountable for paying the overpayment back? Answer: The Federal Labor Standards Act (FLSA) doesn’t address how long an employer has to recover overpaid wages. In the absence of federal law, state […]
Question: Do employees have to be employed for 12 months or work 1,250 hours to qualify for the Pregnant Workers Fairness Act (PWFA), or do they qualify as soon as they begin employment? Answer: The PWFA applies to employees as soon as they begin employment, and it also applies to applicants. Under the federal PWFA, […]
Question: If we have a drug-free workplace policy and implement random testing, can we fire an employee who tests positive even if the employee simply used marijuana outside the workplace and wasn’t impaired? Answer: The short answer is yes. Employers in Wisconsin specifically are allowed to conduct random drug testing of their employees. If an […]
Question: What can employers do when they doubt an employee’s certification for leave under the Family and Medical Leave Act (FMLA)? Answer: If an employer doubts the validity of an employee’s FMLA certification, it may require the employee to get a second opinion from a healthcare provider. Generally, for employees to be granted leave under […]
Question: How frequently can a nursing mother take breaks under the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act? For example, although the law requires “reasonable break time,” what if an employee needs to pump every 30 minutes or every hour? Answer: It depends. The PUMP Act requires employers to provide covered employees “reasonable break […]
Question: We gave a $5,000 sign-on bonus to a new hire who has been a no-show for numerous days, and we haven’t been able to contact them. Can we withhold and/or deduct from this employee’s final paycheck to recoup some of the sign-on bonus? Answer: Most likely, no. Unless the employee signed an agreement giving you […]
Question: What is considered compensable time during the onboarding process under the Fair Labor Standards Act (FLSA)—for example, time completing paperwork before the start date as well as time reviewing policies and procedures and completing training? Answer: Employee onboarding involves incorporating new employees into the organization by providing necessary knowledge and skills to succeed. As […]
Question: If an employee takes Family Medical and Leave Act (FMLA) leave to bond with his new child, would he be able to take additional bonding time later the same year if he still had FMLA time available? Answer: The FMLA has some restrictions on when an employee can take leave for birth or bonding […]
Question: A former employee who was fired has requested a copy of her personnel file. What documents would she be entitled to receive? Answer: Massachusetts General Laws Ch. 149, §52C outlines what constitutes a personnel file and discusses an employer’s duty to retain that file. The statute further provides a formal process for employees to […]