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Tag: ask the expert

Ask the Expert: Are Absences Related to Fertility Treatment Covered by the FMLA?

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 […]
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Ask the Expert: Can Employees Be Held Legally Accountable for Paying Overpaid Wages Back?

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 […]
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Ask the Expert: When Do Employees Qualify for Pregnancy Accommodations?

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, […]
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Ask the Expert: Can Positive Drug Tests Be Cause for Termination?

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 […]
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Ask the Expert: What Should Employers Do When Doubting an Employee’s FMLA Eligibility?

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 […]
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Ask the Expert: How Often Can Nursing Employees Take Breaks Under the PUMP Act?

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 […]
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Ask the Expert: When Can Employers Withhold a Sign-On Bonus?

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 […]
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