Down_the_Middle
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Sure, assuming the employee had the coverage(s) at time of termination.
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The problem, it seems to me is the use of the term "personal"---which implies addt'l vacation, not illness related. If that's the case, then I question how the supervisor can grant the time off, but prohibit being paid for it. Without knowing whet…
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Presumably the employee alleged illness as the reason for being paid sick time and presumably your policy requires MD verification for this type of absence (5 consecutive days). If all of that came to play, I don't see how you can look back now and…
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Prior to adding our T-R benefit to our employee handbook, we considered it an employee benefit for quite some time. We had a policy that addressed it even tho it wasn't incorporated into the handbook. We currently require Department Directors to s…
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People are avoiding your question like the plague, so I'll take a shot. I'll happily defer this to the COBRA/FSA experts out there, but in the absence of their involvement.............. Seems to me that since the situation you describe is depen…
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I don't think so. Seems to me that once the new CEO arrived and changed the rules about free parking, that this employee would also have been affected by that decision. Certainly the note applies to the '88-'91 period, but I don't think it has any…
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If your intention is to offer this benefit to only one (1)PT individual, I think this is ill advised. Your success in explaining that this person qualifies while the other PT'ers do not, is an obvious employee relations nightmare. I just think the…
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I don't see a problem with cancelling the health coverage for non-payment of premiums as long as this is consistently applied across the organization to other employees on leave of absence. Under USERRA, employees must be given COBRA-like continuat…
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We grant sick time for this on exactly the same basis as any other elective procedure.........for that period of time the MD deems medically unable to work. I'm seeing 1-3 days (per eye) of medical incapacitation.
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Any COBRA guru's out there who wanna take a shot at this????
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I think the answer is three (3) years, but go to [url]www.shrm.org[/url] and click on the "whitepapers" for a pretty good summary of this topic.
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I used to do this alot in a former life. We started out by saying that the cost of the accrued vacation remained at the employer where it was earned. We soon found that this was a problem for the former employer (who incurred the cost plus the acc…
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It might be a good time to add language to the agreement clarifying that plan changes will be incorporated into the first full/complete pay period. Trying to calculate this for a partial pay period strikes me as cumbersome. In the absence of clar…
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Our health care facility uses the referral bonus for those hard-to-recruit positions that we designate. We offer $1,000 for fulltime and $500 for parttime new hires. The stipulation to pay the bonus is that: 1) employee must satisfactorily comple…
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HIV has been protected by ADA since 1998 ( Abbott v. ????).......
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atrimble has good advice.......... Make whatever reasonable accommodations are necessary and if the heat continues to affect her, she might be convinced to resign and return post delivery.
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Many employers offer a non-FMLA leave of absence when the employee is unable to RTW after 12 weeks. Typically the leave is approved for a shorter time period 30-60 days with the understanding the position is not protected and will be replaced. The…
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nope..........
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You're half way there by acknowledging that "attendance is an essential function of the job"....... that is correct and you certainly can expect that he shows-up for work..... The 2nd component of providing time off for treatment, etc may well b…
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Not knowing your policies, but many employers offer an addt'l leave of absence once FMLA expires. Something like a non-FMLA or personal illness LOA enables the employee to remain off work while continuing to recover. Normally employees pay 100% of…
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The employer's obligation is to continue the employee's health benefit for the durration of the FMLA period. If employee fails to RTW following the expiration of the leave, or voluntarily announces no intention to return, the employer may d/c healt…
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Right on Whirlwind!!! You're absolutely right. We've chose to use a more aggressive stance to minimize the number of FMLA's that are in active status. We hover around 50 at any one time, so it's always a challenge. The one problem w/using a soft…
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R: It's hard to clarify via this format, but..... The employee's daily call-in should not automatically be credited w/FMLA. The employee is obligated to explain the absence and in the course of a conversation it would be determined what the absence…
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It may be necessary and appropriate to designate this as intermittent FMLA, but hopefully you'll do this after careful consideration. Chronic depression by itself means nothing to FMLA. The med cert should include situations where this condition "…
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The easiest response is that since you already permit vacation accrual while on approved LOA's, you must treat FMLA the same. The Holiday pay issue is generally not applicable to those on any type of inactive status (LOA), but you must have some pa…
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Me either. Works for me.
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It sounds to me as though you have a Post-accident type of policy which requires a drug screen following the work related injury. This is one of many reasons why I've never been a fan of the post injury type of testing (I recognize some industries …
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I concur w/Popeye...... There is no such "policy" as you suggest. While FMLA was never intended to protect someone from this type of situation, the burden falls on the employer to have sufficient investigation & documentation to support the d…
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What's the maximum number of employees that can be handled by the software???
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I would make the decision w/o regard to the FMLA issue. If the position is no longer needed, then I would proceed. You'll likely get some push-back suggesting that this might be retaliation, but presumably you have supporting documentation of why …