Down_the_Middle
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As a health care employer, we've been successful talking to our MD's and explaining that they're hurting themselves by charging employees for the medical cert's. Fortunately, most of them have concurred and have d/c'd the practice. For those that …
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I don't think there's much question here. A bona-fide dependent with a bona-fide illness equals FMLA. While I understand your reluctance to "subsidize" this "illness", I don't think FMLA ever intended to differentiate between a minor child having …
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i think your "long list of reasons" is clouding your bias here. Seems to me the employee is permitted intermittent leave to transport and care for the family member until the MD deems that unnecessary.
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NaeNae55: This is really a question for your legal counsel to help sort out "who " is the employer....... Altho I had a similar situation a few years ago (asset purchase), it was determined that we were all 1 employer for FMLA and numerous other…
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I think you're "splitting hairs" over the timing of when the physicians care began. I believe the conversation with the MD initiated the "care" and just becuz the MD said "don't bring the child here, there's really nothing I can do " doesn't mean …
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slewis: Unless you've failed to mention some critical facts, I don't see anything that covers FMLA in this example. Unless the woman has a serious health condition, she's not likely covered by FMLA. The mere fact of pregnancy does not offer her th…
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The short answer is YES. There's nothing to prevent you from running the operations and replacing her with someone who can hold the unit together. If she's able to RTW following FMLA, then you allow her to return (to an equiv position). You might…
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I believe the answers are YES to first question and NO to #2. To deny this employee any attendance rewards would be to treat them differently solely due to the FMLA absence. #2: FMLA clearly does not require the employer to accrue any benefits …
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Rockie: I think your concern that you might be missing something is admirable, but I think you've done it all. Seems to me the next step is to send the certified letter (along with a 1st class letter) to her address indicating that her FMLA has…
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If FMLA genuinely applies to your organization, there is only 1 option for you to choose......offer this person re-instatement if her RTW is within the 12week period and she is able to perform the essential functions of the job. While you can offer…
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I think the FMLA piece probably qualifies, altho I'll admit that someone else may be more of an expert on the term "birth, adoption, foster care, or related purpose"..... I'm not as comfortable with the prenatal piece and would suggest you either c…
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We deal with this frequently due to such a high female population of nurses. We typically pay the employee up until the date she was to go to PRN status and then continue her FMLA w/o pay. Haven't had any issues arise that I know of.
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Rockie: I've seen this a couple of times when the infants diagnosis in the ER was such that it required an on-going regimen of care by that particular provider (MD)--This typically happens in rural areas where the ER is staffed by Family Practice MD…
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yes....... Why would FMLA be allowed to continue once a physician removes the serious medical condition of the employee??? I don't believe there is such a cite (stated in the negative), but I'd go with the MD's recommendation and offer light duty…
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Doesn't sound like FMLA to me.......
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This is becoming more popular with MD's as another revenue source. We do not reimburse the employee for this expense if it's an initial certification. If we require 2nd and 3rd opinions, then we pay for this cost, as required by FMLA. I would str…
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I would proceed on the same basis as you have. The issue of adding addt'l respon's is always an issue, but your contention of doing it w/o regard to the pregnancy makes sense to me.
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This is exactly how we handle this situation in our healthcare industry.
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I be cautious about messing with his current medical bills, cuz he'll likely either keep his current coverage or convert to COBRA. Suspending the payment process may tangle things tremendously. Pending his claims will create friction from the prov…
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I would question whether this is a FMLA violation since the use of sick leave involves the loss of a production type of bonus. You don't mention whether "employed for the quarter" is simply time in service or based on hours worked, but I really qu…
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This is a common way of handling this matter in a number of different states I've worked in. Would be wise to check your state reg's to confirm that there is nothing different. I think the key here is----to treat employees the same with regard to …
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Without knowing the state where you reside it's tough to be that precise, but......... once the FMLA expires and the employee is then terminated (presumably for failure to return following the expiration of an LOA), why not offer the individual, in…
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While I believe the short answer is probably, YES, I think you would benefit from a short conversation with your legal counsel. The fact that you know of this allegation obligates you to determine whether it has merit. Failure to do anything and …
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I'm assuming these employees know something about FMLA from your policies or new hire orientation, etc....., so I don't think I'd run down the hall to inform these folks of FMLA's potential. This will only become an issue if their health deteriorat…
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I think the short answer to an employer being able to designate FMLA w/o medical certification, is NO. I think many of us in HR forget about how FMLA came into existense. FMLA is a mandated employee benefit for employees who choose to use it. Cong…
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If you've sufficiently explained to him that he qualifies for FMLA, has a suitable return-to-work statement, can perform the essential functions of the job, etc...... I would offer him a final opportunity to provide you with the necessary paperwor…
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The short answer to your question is YES. If the employee would have been laid off during FMLA, the employee would not be entitled to reinstatement if she still would have been laid off at the time reinstatement is sought. Assuming you have suffic…
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Unless your state has a preferential treatment for pregnancy statute, I'd offer her the same amount of time-off as you would for any other disability (e.g. surgery, broken leg, etc....) Most MD's will attest to the fact that 6 weeks post delivery i…
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So, why wouldn't any employee do this as a responsible citizen? Strikes me as a much better approach than the ostrich style of shying away or simple avoidance.
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I think the short answer is yes. Not knowing what MT says about early retirement windows, I'd be inclined to suggest some type of separation agreement where he voluntarily departs in exchange for what you offer....... He either accepts or rejects…