Could anyone suggest a website or publication to help with starting a business and employee issues& requirements. We have been in family business for a while and have just brought in outside employee's.
Thanks

Sure!

I can post some links with information about labor laws that you may find useful.

Texas Labor Laws Information:
http://www.twc.state.tx.us/customers/bemp/bempsub5.html

US Department of Labor:
http://www.dol.gov/esa/whd/

That's a good link for laws, etc. I also find it useful to go up one level on the same site, for this page:

http://www.twc.state.tx.us/customers/bemp/bemp.html

Thanks
I have an employee that is outside sales, works in the office a little daily and has worked for 7 months. During this time he has taken off 5 days (paid) we know of for personal reasons by telling us he would be off, not asking.
He now thinks when he is off for a week at Christmas he is supposed to get paid for those days also. He claims he automatically gets vacation when he starts working somewhere.
Help

Uh oh.

You have a problem employee.

You are NOT required by the Federal or any state government to provide vacation. If you elect to provide vacation, you can set how much vacation time, methods for accruing and when it can be taken.

From what you posted, this employee is exempt. You can require that full-day absences for personal reasons come out of whatever paid time off the employee has available. If they have no time off available, you can dock the pay (if the absence is for personal reasons, but not for illness).

This employee has taken five days off, without asking, in seven months -- he needs to be reined in.

I know. He argued with me about it and told me I was wrong. Do I pay him if he calls in sick and he doesn't have sick time left? We offer 1 day every 4 months for a total of 3 sick days a year. He has only called in sick once and has only accumulated 2 days so far.

Yes, if he calls in sick, use available sick days. When he is out of sick days and calls in sick, he still gets paid.

Treat it as a performance problem, but don't dock pay.

Start your documentation of this performance issue going back to Day One, if you can, and carry it forward. When you term him, which I suspect will be the case, you will want a good paper trail to keep him from getting unemployment on your account.

As for him telling you that you are wrong...have him show you in writing any law that requires you to pay him vacation.

OK, Last question. Should I require a doctors note when he calls in sick to deter using that excuse when he wants off?

You could, but most companies ask for a doctor's note only for extended absences, like three days. Some of them require the doctor's note following such absences to clear the employee to return to work.

I don't really care for the idea of requiring a note for single day absences. I can get sick enough not to go to work, but know that it is a 24 hour cold and I certainly don't need a doctor to tell me what I need to do to get better.

On the other hand, I don't have an issue with asking for a doctor's note when an employee is abusing the paid time off policies.

Yes, if he calls in sick, use available sick days. When he is out of sick days and calls in sick, he still gets paid.

Treat it as a performance problem, but don't dock pay.

Start your documentation of this performance issue going back to Day One, if you can, and carry it forward. When you term him, which I suspect will be the case, you will want a good paper trail to keep him from getting unemployment on your account.

As for him telling you that you are wrong...have him show you in writing any law that requires you to pay him vacation.

To clarify, if the employee is exempt, and he is out of sick time, and assuming your sick plan provides at least 5 paid sick days per year, you CAN dock his pay for a full day of absence due to illness or injury.
See paragraph (a)(3) here:
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.118.htm