| Questions / Answers |
| Type | # | Question | T/F | Answer |
| PeopleManager | | | | |
| |
|
| PoliciesNow | 01 | The employee handbook must define the nature of the employment relationship. | T | Recent decisions by a number of state and federal agencies, as well as the courts, confirm the great legal significance of written policies and employee handbooks. Indeed, a majority of states now consider such policies and handbooks to be contractual in nature.
To avoid contractual constraints, it is critical to include a statement in your employee handbook defining the nature of the employment relationship. Though it may seem to introduce a negative tone, a properly worded statement can firmly establish the ""at will"" basis of employment without posing a threat to employee loyalty and morale. |
| See Policies Now! 101 Nature of Employment |
|
| PoliciesNow | 02 | Employers are specifically permitted to show preference in employment to U.S. citizens or nationals over equally qualified aliens. | T | Unlawful discrimination on the basis of citizenship or national origin is prohibited under the 1990 antidiscrimination amendments to the federal Immigration Reform and Control Act (IRCA) of 1986. The law also prohibits retaliation against those who bring discrimination charges against an employer. However, employers are specifically permitted to show preference in employment to U.S. citizens or nationals over equally qualified aliens. |
| See Policies Now! 107 Immigration Law. |
|
| PoliciesNow | 03 | Employers are required to include a disability accommodation policy in their employee handbook. | F | Employers are not required to include a disability accomodation in their employee handbooks under the ADA. However, employers covered under the ADA are required under the Equal Employment Opportunity Commission's (EEOC) Title 1 regulations to post a notice stating the provisions of the law. |
| See Policies Now! 114 Disability Accomodations |
|
| PoliciesNow | 04 | A family leave policy should cover eligibility requirements, appropriate notice, and circumstances for family leave request, paid leave substitution, benefit continuation, and reinstatement protections. | T | The federal Family and Medical Leave Act (FMLA) covers all employers that employ 50 or more employees during 20 or more weeks in the current or preceding calendar year. The FMLA requires covered employers to provide eligible employees up to 12 weeks of unpaid, job-protected leave during any 12-month period for childbirth, adoption, or placement of a foster child; to care for a child, spouse, or parent with a serious health condition.
A family leave policy should cover eligibility requirements, appropriate notice and circumstances for family leave request, paid leave substitution, benefits continuation, and reinstatment protections. |
| See Policies Now! 602 Family Leave |
|
| PoliciesNow | 05 | The Federal Americans with Disabilities Act (ADA) treats testing for the use of illegal drugs as medical examinations. | F | A growing number of employers use drug tests as a means of promoting the interests of safety and efficiency in the workplace and detecting evidence of drug use. At the same time, it is important to recognize that there are many logistical and legal problems associated with drug testing. Legal restrictions on drug testing may include constitutional constraints (such as those presented by the Fourth and Fifth Amendments), state and federal handicap laws, and tort principals (especially defamation, privacy, and intentional infliction of emotional stress).
The federal Americans with Disabilities Act (ADA) does not prevent employers from testing for the use of illegal drugs. The ADA does not treat such tests as medical examinations.
|
| See Policies Now! 714 Drug Testing |
|
