Quirky Questions

Real Life Employment Law

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A New Question Every Week

Nearly every day, executives and managers, and the in-house counsel and Human Resources professionals who work with them, are confronted with unanticipated questions regarding the workforce. Just when they think they have "seen it all," along comes a new and often stranger scenario involving an odd twist to an area they thought they fully understood. These individuals often find themselves back at square one when trying to construct an appropriate response and devise a creative solution to the problem presented. Sometimes these "Quirky Questions" can be resolved easily; other times, they implicate practical and legal issues that are not immediately apparent.

This Quirky Employment Questions Blog addresses unanticipated questions regarding the workforce.

We encourage you to submit your thoughts and reactions to the questions presented. We also encourage you to submit questions that you would like to see addressed, subject to these guidelines.

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Category: Leave Issues

Abusing PTO Policies, Quirky Question # 60

Abusing PTO Policies, Quirky Question # 60

 

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Quirky Question # 60: We are having trouble managing exempt employees’ paid time off (PTO).  Our current policy allows new employees to begin earning PTO right away, with the potential to earn up to 120 hours of PTO per calendar year.  PTO that is earned but not used is paid out or carried over at the end of each calendar...

VIEW ALL POSTS ABOUT: Leave Issues, Wage and Hour Issues
Rights Provided by Employee Handbook, Quirky Question # 54

Rights Provided by Employee Handbook, Quirky Question # 54

 

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Quirky Question # 54: We have an employee who has missed a fair amount of work due to various surgeries.  As set forth in our handbook, we offer FMLA leave for employees who have worked 1250 hours in the preceding 12 months.  When we were informed that our employee would need to miss additional time due to some follow-up surgeries,...

VIEW ALL POSTS ABOUT: Common Law Claims, Employee Handbook / Policies, Family and Medical Leave Act (FMLA), Leave Issues
Faking Illness to Avoid Shift, Quirky Question # 47

Faking Illness to Avoid Shift, Quirky Question # 47

 

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Quirky Question # 47: Our company uses rotating shifts, one of which starts at 11:00 p.m. and continues through 7:00 a.m.  Every employee is asked to work that shift, one day, every other week.  Every time a particular employee is asked to work that shift, she takes a day of FMLA leave, claiming that she has migraine headaches.  She jokes...

VIEW ALL POSTS ABOUT: Family and Medical Leave Act (FMLA), Leave Issues
Working Another Job While Taking “Leave,” Quirky Question # 40

Working Another Job While Taking “Leave,” Quirky Question # 40

 

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Quirky Question # 40: We have an employee who is claiming she has a serious health condition as a result of work-related stress and has given us a note from a nurse practitioner saying she should be off work for a month.  We don’t believe she has a serious medical condition, in part because we’ve heard that she is working...

VIEW ALL POSTS ABOUT: California Questions, Disability Discrimination, Family and Medical Leave Act (FMLA), Leave Issues
Voluntary Leave Policy, Quirky Question # 35

Voluntary Leave Policy, Quirky Question # 35

 

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Quirky Question # 35: I am the HR Director for a large company with operations in Alaska.  Our Alaska-based employees work on a rotating schedule of two weeks on / two weeks off.  Many of these employees commute from the Outside (Lower 48) for their two-week rotations.  During their rotation, these employees live in company provided housing and are transported...

VIEW ALL POSTS ABOUT: Drug & Alchohol Use, Leave Issues