Brad Forrister
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I don't think it would matter even if there were a more significant lapse in service. Remember there are two requirements -- that the employee has worked for you a total of 12 months (ever), and that in the last 12 months, the employee has worked 1…
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I just pulled up this reg for another question, and part of it is relevant to yours: If an employee is maintained on the payroll for any part of a week, including any periods of paid or unpaid leave (sick, vacation) during which other benefits or …
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A couple of points - If you're giving him accommodations, he may be covered by ADA under the "regarded as" provision. In other words, it's at least some evidence you're regarding him as disabled, even if his disability doesn't prevent him from ca…
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The FMLA Master Class series is one of our events, and it has been very well received. You missed the Texas version a few weeks back. We're scheduling several more of these starting in September. Cities include Cleveland, Milwaukee, Atlanta, Port…
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You might try Thomas, the Library of Congress search engine, if you're looking for proposals that have actually been introduced in Congress. But the big changes in FMLA that are expected in the short run are the proposed regs that are being worked …
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1) Can we still terminate him once he reaches 12 weeks or is this a case where we must do something differently because of ADA. You can still terminate him. ADA primarily concerns accommodations to allow him to work. If there are accommodations b…
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I moved your post to the proper section. Brad Forrister VP/Content M. Lee Smith Publishers
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The statute (AL 25-5-11.1) specifically refers to discharge: [blockquote] No employee shall be terminated by an employer solely because the employee has instituted or maintained any action against the employer to recover workers' compensation benefi…
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And since migraines come and go, catching him at a restaurant having a gay old time a day or two after going to the emergency room may not mean much. Brad Forrister VP/Content M. Lee Smith Publishers
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Licensed Clinical Social Worker Brad Forrister Director of Publishing M. Lee Smith Publishers
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The HR Answer Engine shows a number of articles dealing with apnea and the ADA and/or FMLA. Looking over them, I'd have to say apnea is probably a condition that limits a major life activity (staying awake) and thus might have to be accommodated, if…
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You could be subject to substantial penalties for not having workers' comp coverage for your employees. A cursory glance at Florida statutes shows a possible $5,000 penalty, a $100 per day penalty, the possibility of a stop-work order and injunctio…
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If it's due to work for the new employer, it's probably going to be a new claim. But keep in mind the NJ Second Injury Fund, which will be liable if the employee is totally disabled, and the Abdullah case, which would give you as the new employer a…
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You can't ask about prior WC claims pre-offer - although it is fine to describe the job's physical demands and ask if they can perform them. Post-offer, here's what our Special Report says: "Once you’ve given the applicant a conditional offer of…
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Just my two cents, but I think you're already being pretty generous. I don't know what kind of commissions and bonuses you're talking about or how they're calculated, but if they're calculated on business produced by the employee, and the employee …
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Workers Comp MAY run concurrently with FMLA. If the injury qualifies as a FMLA event (i.e., it meets the serious health condition test), the employer qualifies (i.e., 50+ employees), and the employee qualifies (i.e., worked longer than 12 months), …
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Sounds like you've already terminated her, which means it's a done deal. Your comp carrier is right to be concerned, because of the ease of suing for retaliatory discharge. But that doesn't mean you have to keep someone who's ripping off both you …
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Your released employee is ineligible for unemployment benefits for any week for which the employee receives workers' compensation benefits. Once the workers' comp benefits expire, the employee would presumably be eligible for unemployment. Brad …
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I think her current boss's advice to contact you was wrong. Obviously, if she's in pain now, whatever she's doing for the current employer is continuing to aggravate her carpal tunnel. That employer would be liable, perhaps exclusively, perhaps wi…
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As AJ suggests, you need to evaluate whether ADA covers this at all. The tests are different for ADA and FMLA. If you don't have an ADA accommodation issue, you're probably okay to insist on FT only. Of course, couldn't the employee then return…
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Migraines typically qualify for intermittent leave as a chronic health condition. I wouldn't terminate him. But you can insist on documentation from the doctor, and you can work out what you require in terms of calling in sick. Also, keep in mind…
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Psoriasis can be an ADA-covered condition. There's at least one court opinion saying so, from the Sixth Circuit. The severe form of the disease involves both skin lesions with profound itching and psoriatic arthritis. The skin lesions usually req…
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Just a clarification - is the company just forcing him to designate the vacation time he's taking as FMLA? Or is the company saying, we want you to take 12 weeks now, even though you don't need to, because we want you to use up your FMLA allocation …
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I think your supervisor is thinking about the designation of FMLA leave all wrong. In addition to the fact that it's the employer's responsibility to designate FMLA, it's also usually in the employer's interest to do so. When the employer designate…
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Okay, and now a substantive comment: I think this case is just about the three-day rule, not the "chronic serious health condition" rule. The employee had a slip-and-fall injury but wasn't out three consecutive days as a result. That's quite di…
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Whoa - Marc, please summarize or link to copyrighted content on the other site, rather than copying and pasting. Can you edit your post accordingly? Brad Forrister Director of Publishing M. Lee Smith Publishers
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Hmm. What stuff have you been reading? It's the employer's responsibility to designate leave as FMLA. It's in the employer's interest, generally, to designate it as soon as possible, to start the 12 weeks running. You can make the designation as…
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You can and should start the FMLA clock running. It's always to the company's benefit to get the clock started as early as you can determine it's applicable. The decision as to whether to start counting time against FMLA is the company's, not the …
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Actually, he's got 12 weeks. From our Special Report on FMLA: "The FMLA allows employees to take up to 12 weeks off to attend to matters relating to the adoption or foster-care placement of a child. Employees do not have to wait for the adoption t…
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I think your question had to do with the employer's portion, not the employee's. You can require reimbursement of the employer's portion under certain circumstances, although you don't have to. You can NOT do so if the reason the employee doesn't r…