Down_the_Middle
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Certainly...... If you use the DOL forms, insist that they be used consistently.
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Turbo: Seems to me you have 2 primary options here: 1) seek a 2nd medical opinion or conduct your own fitness-for-duty exam to determine if the medical status warrants a full RTW status; or 2) permit the employee to RTW in accordance with the physi…
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In my world, this individual would not be eligible for FMLA while on an inactive lay-off status. This person would be eligible to apply for FMLA upon RTW. Your situation may be entirely different based on your past practices, CBA in place, writte…
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Unless the great state of TX has adopted some recent drug testing rules, you can certainly test all post-acident employees who go to the clinic. Doing this does not obligate you to test the rest of the workforce.
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Sydney: Suggesting that you would only invoke the post accident testing for some employees rather than all is a bit perplexing to me and risky... What ywould be the basis for trying to adopt this practice?
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You didn't mention how often you ask for re-certification on migraines.... I moved to a 90 day re-cert couple of years ago and that added some value to the lingering problem. New med's and different therapies come into play and the re-cert helps …
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Give some thought to how much accommodation you can provide to the employee. Maybe partial days or partial weeks absences might make it more tolerable for both of you. Maybe a day or 2 per week to work from home can satisfy both of your concerns. …
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Not sure of your REAL question, but the law permits employers to request medical cert info (employer option and most everyone does this), so if you have a practice of requesting the cert info, by all means continue. If you've not done it b/4, I'd s…
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mmurnahan: FMLA is already a complex nightmare and I personally prefer to try and manage the situation vs. feeling that I'm being managed/manipulated by it. While a sprained ankle will not plummet an organization into chaos, it's really only the ti…
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mmurnahan: Seems to me the bigger question is the validity of the "serious health condition"..... If the individual is indeed "incapacitated", then FMLA is warranted. If, on the other hand, you find from the MD's cert that the person should avoid…
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I think the easiest solution to your dilemma is to prohibit any type of moonlighting while on ANY LOA. I incorporated this change some time ago and the moonlighting interest has wained substantially.
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FMLA does NOT require the accrual of any benefits (e.g. vacation) while on FMLA. If your current practice is to permit vac accrual for all other unpaid leaves of absence, then you're likely obligated to continue the practice for FMLA's. If you per…
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Their complaint may have merit if I understand your position. FMLA requires up to 12 administrative workweeks (12 times the avg number of regularly scheduled hours worked). If the employees are consistently working > 40 hrs per week and this be…
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Can you tell us what the "complaint" is? Is this a loss of overtime pay issue? or FMLA time w/o pay????
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Since "bonding" is an eligible FMLA criteria, I'd be hesitant about making too quick a decision. I'd probably confer with legal counsel 2/c if your state has any precedence with this issue. Seems to me that this would qualify with the spirit of th…
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The bet examples of complications that I can offer include: hospitalization, intensive office visit therapy (daily or multi-times daily), pre-surgical assessment, etc.... Unless these are occuring, I'd ask the employee for MD verfication to sup…
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DOL has previously ruled that with the exception of "complications", an earache will not normally be viewed as FMLA eligible.
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I think the short answer is YES; however, the real issue is likely how this is handled with the employee. If explained properly and in advance of her RTW you s/b able to accomplish this w/o alot of grumbling. Organizations undergo transformations …
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I'm guessing that your 30 time frame is being confused with many other "30 day requirements" of the Act. There's no such 30 day period as you describe. Think of it this way: The employer can request the medical certification and the employee mus…
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AngieH: I would stay away from putting the monlighting piece in your FMLA policy. I honestly don't see the value it adds and will more than likely obligate you to having to follow what you say. I think this kind of thing is better handled on an as…
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Yup....take 3 aspirin's for a starter. Your example seems similar to the recent Ragsdale v. Wolverine case in which the US Supreme Court ruled that the employer who fails to provide timely notice to the employee is not automatically obligated to …
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Unless your new policy has clear language to address the "interim people", I'd pay the 16 hours and save yourself the embarrassment at arbitration. I would think the arbitrator will eat you for lunch......
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As long as a mandatory drug screen prior to return from leave is exercised ATB to all ee's, then I see no problem with it. Policies that reguire drug testing after a 60-90 days absence are common and certainly reasonable------it's analogous to the …
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It's unclear whether the poster is an HR professional or "interested 3rd party", but I'll bite. I would say that her disclosure to the employer is not needed unless there are medical reasons for doing so. In the event that she is impacted by an up…
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LindaS: Keep in mind that medical tests needed to determine/diagnose if any health problems exist are NOT covered by FMLA. FMLA only becomes a factor once a medical determination has been made and time off is needed to treat or recover from the ill…
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HollyG: Be careful not to jump to conclusions with this. The carpal tunnel may indeed qualify for FMLA, but there may also be ADA issues involved here. If this is a very new experience for you, I'd suggest getting some legal counsel to help guide …
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If the only change that is being considered is a ROLE change on his team, I have a hard time seeing this as anything retaliatory or adverse. Seems to me this type of change (assuming there's no addt'l change in compensation or benefits, etc...) is …
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benefits: Geeez....... I hate splitting the baby here, but do agree with Theresa on getting an updated certification if you still question the FMLA request. I think it is entirely reasonable to feel comfortable that this persons hypertension may m…
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vstass: At first glance it appears you might have been "snookered" into granting this leave. I can't think of a reasonable scenario that would require this childproofing as a solution to a serious medical condition. The bigger issue is now to get t…
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renata: My suggestion is to involve your local legal counsel on this. There are numerous issues here that need a careful analysis (e.g. retaliation, ADA, FMLA...) not to mention that your own state may have protections you should be aware of. I d…