Carey
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It does depend on the state. Some states have mandatory disability (of course California is one of them) and voluntary plans must meet certain requirements to qualify in that state. If the disability began before the termination date, then the emp…
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I would say she's eligible for 12 weeks FMLA now. She's now eligible and is within the 12 months of birth.
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You need wiggle room in your policy. Don't state that at XX absences an employee will be terminated. Our Absence from Workstation policy doesn't address how much you're absent at all (gives procedures and timeframes for calling in, etc.). Our Emp…
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I would either throw away that decision tree or get out my pen and make some additions to it. A serious health condition is not only one that requires hospitalization. The situation you describe sounds like it would qualify because the child was "…
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I agree in that I never share medical information with managers (even if they happen to be VP's). I would provide what you do - date of expected return or FMLA expiration. Regarding the caution on HIPAA grounds, disability and workers comp are not…
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Okay, I'm going to play devil's advocate here. If you deny the vacation because she's about to take an FMLA leave, could that be construed as retaliation for taking FMLA? I agree with everyone else that employers can deny vacation requests, but am…
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You say that while she is out she will receive STD - does that mean the two weeks prior to giving birth she'll receive STD benefits? If so, you can probably designate that as FMLA because usually in order to collect STD, it has to be certified by a…
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A leave of absence is considered a type of reasonable accommodation under the federal ADA unless it would create an undue hardship. [url]http://www.eeoc.gov/facts/accommodation.html[/url] on the EEOC site gives information about some of the differ…
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Just be sure you comply with company policy and that you have been applying them consistently. Do you have any other leave policies that might apply, personal leave or disability? If she's ADA qualified and depending on the type of company and pos…
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We are very careful when terminating someone who has taken FMLA. You need to make sure the reasons for the term are very well-documented and have nothing to do with the FMLA leave. If you are terming the ee because they have indicated they will no…
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To be a serious health condition covered by FMLA the absence must be 3 consecutive days and include treatment two or more times by or under the supervision of a health provider or one treatment by a hcp with a continuing regimen of treatment. While…
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For CFRA leave (CA's FMLA) we don't require a marriage certificate for opposite sex spouses, so we would not discriminate and require one for a domestic partner. Domestic partners aren't covered by FMLA, so an employee can take 12 weeks under CFRA t…
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Our disability leave policy allows a leave for up to one year as long as the ee's doctor certifies it. This obviously goes way beyond FMLA and usually the ee's PTO bank. We have many ee's on shaky ground go to a doctor and get put on disability. …
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We have a voluntary disability plan and whenever an employee files a claim for disability, if it's approved (and sometimes even if it's not) by our disability management company, the leave is automatically designated as FMLA and they are sent the ap…
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I am going to disagree with some of the answers that have been posted. If she is on a certified FMLA intermittent leave, then I would take into account the amount of leave she's taken in a given period (maybe monthly) and prorate her productivity g…
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In the few no call/no show situations I've been involved in, we did try to contact the employees, regardless of what kind of employee they were, to see if there was anything wrong. In one case, we were actually trying to RIF the employee and though…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-21-04 AT 02:43PM (CST)[/font][br][br]It looks like Carrie is looking for a no-fault, point kind of attendance system. We don't have that at my company. We don't have much of a policy on it at all. …
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I was also going to add the ineligible for rehire code. We also need to track voluntary vs involuntary (RIFs) for WARN tracking purposes. For California WARN we have to count the number RIFS in a rolling 30 day period, so it helps to have the code…
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You could also check with your health insurance carrier. We have had EAP's with Cigna and now United Healthcare.
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FYI - in CA you'd have to give 9 months notice that employees must use their vacation time during a shut-down. Presumably this is to give them enough time to plan their other vacation plans if they want to be paid during the shut-down. I would cer…
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Of course the previous post about California law is correct, you cannot deduct for the broken equipment. However, you can discipline the employee for his carelessness. You should document the occurrences if you haven't already done so and let him …
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If you have no idea what to do, you need a consultant.
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Some states also have laws making it illegal for employers to prohibit employees from discussing their own salaries.
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Don - you must be somebody's dad. Thanks for making me giggle this morning!
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Our range for that position would be 44,200 - 70,800. This is our national range and would apply to those in our Houston office.
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If even you don't know the identity of the complainant, you can investigate to the best of your ability and act accordingly. If the allegations are denied and there are no witnesses or other evidence, then you document your efforts and you're done.…
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I think the answer depends on exactly how the boss is making the accountant's life miserable. If the treatment is all work-related, then I would say it's not illegal harassment, but it is unprofessional and inappropriate. If the treatment involves…
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I don't think that anybody has struggled to make this a racial issue. When a policy or practice (however intended) has a disparate impact on a certain race of employee, it becomes a race issue. I don't think many companies intentionally make decis…
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I know that we have had rotational development programs for those identified as "high potential" employees. The programs have had different names depending on what type of employee was involved. Basically, those in the program are placed in differ…
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I agree with Don 100% and you have done the right thing. It doesn't mean she won't file a charge, but I would much rather defend the reasons for her termination than defend keeping her if something happens to a child in her care.