morrisg
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You are eligible for up to 480 unless your employees work schedule varies from week to week, as often happens with hourly workers. In this case you then need to take the weekly average number of hours worked during the 12 months (used to be 12 week…
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Topgrading is basically sorting your employee performers into the best "A” top 10% of your employees lesser skilled "B"’s and those who are the poorest performers "C" ‘s. The “C” employees would go, “B” ‘s would either develop into “A” ‘s or they al…
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Have you did a Goggle search and put in "Emergency Action Plans"? (or other similar terms) I often do this and have found that the majority of universities and public entities place their policies in the internet. While I may need to make some mi…
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Yes, a rolling 12 months is a term used in such disciples as accounting and HR. If you track cost for the rolling 12 months you would only look at the numbers from November 1, 2002 to November 1 2003. If an employee received a warning with a remov…
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We are a union plant, but I think this would work just as well in a non-union plant. Attendance Program The administration of disciplinary action for excessive absences will be as follows: 1. Five (5) incidents of absen…
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As NeedCoffee says (what an original username!) you do have to provide both, but remember this can be done on the form the employee signs by offering the two options or included in you plan description as done on pretax by default unless the employe…
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Your questions are governed by the IRS code. I have listed the IRS's response to the question you asked, that is listed in the IRS code. POP (Premium Only Plans), which I mentioned in an earlier response is what you are describing. The IRS says: …
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What you are asking about relates to what’s known as a premium conversion plan also known as a premium only plan (POP). Some plans are structured so that the employee's premium, medical in your case, is required to be taken out on a pre tax basis a…
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That's a fair and logical question. Remember that all of our social security contributions are based on our earned wages, so if I pay $10 , my employer is required by law to match $10. By reducing my income, which is what a pre tax plan does, I …
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We have a provision, not exactly like this, but the end result is the same. We offer employees $100 per month additional "provisional compensation” in their pay if they are welling to be removed from our medical plan and placed on their spouse’s p…
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Actually the employee is not required to make any COBRA payment until at least 45 days after the date that the employee wishes to take avantage of COBRA. However employees are required to notify employers of thier election to do so within 60 days…
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Once your employee runs her FMLA time you are no longer require to carry benefits, but a leave of absence, much like a lay off would activate her CORBRA benefits elgiblity and thus she would be elgible for COBRA.
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Both commments are good ones and much appreicated. Thanks
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Al, Thank you for your comments. I was a bit confused about the newsletter comment, thinking that the author was asserting that employees calling in after the fact and then having their failure to call in designated as FMLA would prohibit the empl…
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Al Thank you for your prompt response. However, if our employee failed to call off within the one hour timeframe because he was involved in taking care of an emergency or some other medical condition that required his attention and (as I'm sure h…
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The courts have acted a bit strange with these type of cases not asking if you as an employer genuinely believed that the employee was fraudulently using FMLA. Instead the courts often focus on evaluating if the employ had a serious health conditio…
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You had also asked about certification of the foster child to ensure the child indeed was a foster child. You are permited to make this request to verfiy that the child lives in a in a regular parent-child relationship. The child can also be decla…
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Marc, No offense, just remember that the only medical assessment that matters here is the physician’s, and did he/she certify that this employee was out for the reason and period defined under FMLA that would make it FMLA…yes. If you think abuse i…
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Irie, Amen to that!
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FMLA is not as "black and white" as just looking at one element like flu and assuming it's not coverage based on the illness. The forth circuit in Miller vs. AT&T has ruled in a situation just like this. I went back and look at the essential e…
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This is an FMLA event. The DOL FMLA regulations consider: "Any period of incapacity for three consecutive calendar days or longer that also involves treatment by a health care provider and a regimen of continuing treatment under his or her supervi…
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Go Marc! I feel a need to take some FMLA time as a result of the extreme stress this act has placed upon my sanity.
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Physician is the only one who can certify. I agree, it really does not matter which physician, as long as it's one who would have knowledge of the situation. Of course you would not require all fathers to take a paternity test, but this is not a t…
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While that's a good question, I would suggest you go one step further. Remember this is not just about proving if this is this employee's baby but also that he would be required to take full time off. Don forget that the FMLA says: "If FMLA leav…
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Sue, What you say is exactly correct according to the law as well as the DOL interpretive letter related to this very question. Your case was a great example for one of my HR Adminitrators to answer as part of her mentoring program. Please send my…
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Irie, Good question. In my view, the husband could be eligible on at least a couple of fronts i.e. that the wife could require the presence of her husband to "provide psychological comfort" as stated by FMLA. I'm not necessarily saying he is goin…
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Marc, In this case, the person who fathered the child would be entitled to 12 weeks and so would the mother since they are not married, even though they work for the same employer, therefore there is no splitting of the weeks. The husband (not the…
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1. I disagree in part with these responses. While the FMLA does recognize common law marriage it does not recognize polygamy. If this man and woman are separated, they are not divorced and thus under the law would still be married. So, even if yo…
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Frank makes a good point. We do not allow anyone back for a personal injury, and often for a WC injury.
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In all due respect, just be sure your feelings about the employee milking this is based on the FMLA statute which says you must "receive information that casts doubt on the continuing validity of the certification." The operative word here is recei…