cappy

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cappy
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  • You have two issues. Neither are mutually exclusive or inclusive of the other. Assuming that the injury has been accepted by your state standards as a WC related injury and the EE has been medically certified as having a WC injury then that is one i…
  • An excerpt from our Employees Responsibility Policy Section    Random Testing: 1. In compliance with Department of Transportation regulations, all City employees whose job duties require them to possess a valid Commercial Driver’s License must subm…
  • I have read and re-read this to be certain that I have all of the facts and concerns as you see them. I have one question to ask and it may be (at least to me) the one thing that you need to decide. If the EE is terminated will it be for cause or wi…
  • Your described situation is very broad. Could you be more specific? Did you find the entire company in violation or single individuals? Are the violations safety related? Are they performance issues? Minor/egregious violations? Fill us in a bit more.
  • Depends on who is "they". If the request is by a legal beagle who is representing this person in some employment action then yes I would definitely send the EE a copy. But your question was do you "have" to send the EE a copy. My thought is if the E…
  • Curious. What was the end results?
  • I have not had anyone not cooperate with an ADA-AA interactive process or fail to get a medical certification. It is in their best interest to cooperate with the process. An EE has obligations under ADA to become involved in the process. An EE that …
  • ADA  issues are defined as a physical or mental impairment that substantially limits one or more of the individual's major life activities. A mitigating measure (i.e., medication or a device that improves an impairment) must not be considered when d…
  • Frankly I have not seen enough men in my  travels or networking group in HR to qualify as going extinct. Would have had to have a good number to begin with to think about depletion leading to extinction. When I am out and about for training or other…
  • When the employee exhausted the 12 workweek allotment of qualified FMLA leave her absence ceased to be an FMLA issue. If her absence did not extend itself to an ADA-AA absence or a workers compensation absence you could have separated her, without p…
    in FMLA HELP Comment by cappy July 2010
  • Both terms are used in the regulation. Cosmetic surgery is treated differently under the regulation than restorative plastic surgery. I apologize if I did not make that clear. TX is correct to point out the difference.  Since your explanation of the…
  • Here is what I would do and why. First the FMLA year of 12 workweeks and what ever the hours are that she works in those 12 workweeks, has already been triggered by the back surgery. The additional doctor's appointment does not begin a new FMLA year…
  • Some of the things I have not personally seen thankfully.  I know of them through other circles. But what I have seen is the enlarged earlobes with 'giant circles' (don't know what else to call them) inserted. Even with them taken out the earlobe wi…
  • If the time was vacation time or other approved absence you would use your company policy  to deduct the time. If 'personal reasons' mean that the employee did not show up for work for any reason other than her illness or an accident, but was not ab…
  • Californian [Y]
  • As we reflect on this question it is easy to slip into the vision of an overweight person. Where-as that is certainly a problem under weight people in such positions presents an equal liability to themselves and the position. A FF has on any where f…
  • Several thoughts come to mind. The first one: is your question concerning exempt or non-exempt salaried employees? The salary  test for exempt employees can be found at 29cfr541.118. 541.212 and 541.312. The test does not include specific job respon…
  • First, all statutory requirements for FMLA must be met. Second, consider the FMLA calendar year. Has the employee expired the 12 month, 12 workweek entitlement FMLA year? If yes then he must meet the 1250 hour requirement. However you indicate that…
  • I know there are places that just can't accept the "down time" from production or other work. Policy and other legitimate concerns govern that. I fully understand. Here, we just leave them alone as long as it does not get way out of hand. What is o…
  • Stay within the advice of your attorney, which goes without saying.  There are a couple of things that you can do to prevent fraud. If there appears to be a substantial change in the conditions of the FMLA absence you can send them for a medical r…
    in FML Abuse Comment by cappy May 2010
  • [quote user="bevhunt"] Also, if you are going to have managers and supervisors enforcing a "beefed-up" break policy, you better do some training first because that can get prickly, especially if the supervisors or managers are smokers themselves.[/q…
  • From reading your post it would seem fair to say that your actual problem has less to do with people who smoke and more to do with break time issues. Based on that you can gain control of employees being absent from their ‘work stations’ by having a…
  • Did those requesting a copy of my le4ave policy get them? I sure hope I have not over looked my colleagues on this forum.
  • Ok, will do.
  • We have a Leave Donation policy. It works well and has been a successful part of our benefits for a number of years. Send me an email and I will pdf the policy to you.
  • I would like to add this to what everyone else has advised. Starting new is one thing. You have to build rapport, trust and value with your company before being taken into the inner circle. I was a 30-year veteran with my department when I accepted…
  • Questions, do you have a company policy covering those positions in your company that would be subject to background checks? Does the company offer a conditional job offer that would include successful completion of a background check? If so what sy…
  • I agree with everything that Barbie has said. The liability exposure is huge if there is a discrimination complaint by a protected class. In fact the idea of taking candidates pictures should have gone the way of the dinosaur by now.  Don't do it! B…
  • Below are three excerpts from the regulatory analysis dealing with emergency closings. They are from the HR.BLR web site. I hope you find it helpful.  Docking pay. Reducing pay of employees scheduled to work, but who do not because of an emergency, …
  • As TX says take a look at this: http://www.eeoc.gov/policy/docs/guidance-inquiries.html#1