I believe that this question should be reopened as it is both useful and on-topic. I've suggested an edit which should push it in the reopen queue.
- Questions asking for general advice within a legal context have been judged as being on-topic. The crucial criteria seems to be that:
- this site's audience and/or HR managers could be expected to know the answer
- it's asking about a general guideline rather than an interpretation of case law (the answer to the latter should always be "consult a lawyer")
- This question has a broadly applicable answer
- Questions like this are likely to come up again in future (it's one of the more popular question varieties to pop up on workplace-related Q&A sites)
- A very similar question is one of the more popular on this site and has remained open, presumably because it doesn't explicitly mention a legal angle (not a duplicate as it concerns the UK)