AJ SPHR
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I repeat, FMLA does not fall under HIPAA regs. I also reiterate what Don states in that you typically don't receive any PHI for a pure FMLA request. I do not judge or analyze whether someone has a SHC - but let that up to the physician to determine.…
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Don D, FMLA is specifically excluded from HIPAA regulations. HIPAA privacy regulations pertaining to PHI pertain to electronic transmission of protected health information. There are specific exclusions under HIPAA for FMLA, STD, LTD and Worker's Co…
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Agree with Geno - W.C. and FMLA and STD are NOT covered under HIPAA privacy rules.
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I'm not sure how you think ADA plays into this, unless the person meets the ADA requirements. FMLA does not automatically equal coverage under ADA. FWIW, most of our return-to-works from short term disabilities (FMLA runs concurrent to it) come bac…
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I agree with Marc - cosmetic surgery may apply. I never try to judge the medical reason, but have the provider fill out the medical certification and take it from there.
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SMace - in your quote from the regulations, it refers to the rules regarding an ELIGIBLE employee. I think what others were explaining is that you can give job protected unpaid leave before an employee is eligible for FMLA, but just recognize that: …
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I would give her copies of the paperwork instead of making an issue of it. However, I wouldn't make any statement about "not having any problems in the 5+ years she's been here" requirement. If she asks why not, I'd tell her it's because the questio…
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Hi Popeye, to my knowledge there is NO law or regulation that requires you to keep a position open while an employee is on STD or LTD. The only obligation is FMLA-protected leave. It's only our policy that states we will keep a job open (and probabl…
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Whether there is an end in sight or not, if the person has already exhausted the 12-week FMLA leave benefit and there is no additional state or company benefit, then why would you continue to hold the job open? Our STD policy (which runs concurrent …
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If you have no STD or LTD and she has exhausted all the FMLA time available, then you are under no obligation to continue to hold a job open for the employee, provided there is no specific state law that requires more time than the FMLA provides. I…
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I've read that if cosmetic surgery is not eligible, UNLESS it results in a hospital stay of 3 or more days.
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We are re-vamping our employee handbook and one of the things we added to all of our leave policies is that working other jobs while on leave is not permitted. In all the legal articles I've read, you can disallow someone from doing so on FMLA as lo…
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Be careful handling it this way because if the employee is really not active (e.g. terminated) but somehow still on the payroll, he/she may not be eligible for active coverage under your benefit plans. I believe it's always cleaner to process the te…
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I think atainc's response to the original post must be written in invisible ink.#-o
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I agree. While the poster didn't indicate she was ready to leave, I have heard enough horror stories about family-owned businesses with dysfunctional family members serving in key operational roles to recognize that this situation will not end well.…
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Paul, of course I'm not saying that everytime you face troubles or a problem environment that you just pick up your kit and run away. What the original poster described in this scenario is a management team and style that seemed pervasive, and when …
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Paul, really? "I am an HR Hero"? Sorry, but I do disagree with you that she is wrong to say there is nothing she can do to change the situation. When management has no desire or inclination to deal with a problem manager, you cannot force the issue…
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While I see no legal reason why not, I do wonder why you want to do this? What in the world does it accomplish?
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Paul, I like what you've created but I don't know that I would give employees the option to determine the level of confidentiality. The purpose of exit interviews is to find areas to improve and I wouldn't want to be hampered in who I could share co…
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Since I've been here (approximately 7 years), I've 100% completion rate. We are a relatively small employer (
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We send the questionnaire out ahead of time, asking the employee to fill in as much as possible and then schedule a meeting with them on their last day, during which I will review all the questions and answers on their questionnaire. As we discuss e…
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In a large organization, peer reviews could be valuable. However, in a small organization, the peer reviews tend to be useless. We had a peer review process but after a couple of years, we realized there was way too much "tit for tat" involved. Empl…
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I guess it's just me, but I do not exert an extreme effort to fight unemployment claims. Our rate is state mandated with an experience modifier but is relatively low. The time and effort involved in some instances to fight an unemployment claim is j…
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You do not need a specific code or a specific statement to address an issue. In this case, have her manager talk to her about what is more appropriate dress. Your original post is lacking specifics so I don't know if you just don't like her hair col…
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STD and FMLA are not covered by HIPAA regulations! You CAN release this info, it's not PHI as defined by HIPAA.
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I review results of benchmark job analysis and show other competitive market data for compensation and benefits as compared to our plans (e.g. merit budget %, per capital health costs). They tend to be interested to see how we stack up as compared t…
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I politely disagree with njjel. I have always conducted exit interviews and we've had some in the past couple of years that have provided valuable and honest input about situations that needed correcting. I shared the results with the department VP …
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I get all my deadlines from my TPA (PFG). Try contacting your TPA.
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BTW, it's HIPAA, and HIPAA only applies to a covered entity and protecting the transmission of electronic PHI. I do agree with the other part of your post in that I would not assume her performance issues are related to any medications or other me…