Down_the_Middle
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My experience with this health issue generally boils down to the "incapacitation" issue w/the individual. Many physicians struggle w/explaining how the sciatica incapacitates the person, but when done correctly, along w/determining the inability to…
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nope.
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Other than the obvious grief associated with the loss of a spouse, is there a serious health condition that is being aggravated by this death?? Before I'd get too excited about which sister and for how long, I'd want to have all the facts on the Fa…
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If the first time you learned about the sick parent was as the employee was departing, you are not under any obligation to offer FMLA.
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I believe it's always a good idea to obtain a new cert for intermittent, to ensure that everyone knows the time off needs, can discuss avail options and proceed. While some employers may automatically convert the continuous leave to intermittent, w…
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Oh contrare Mr. Don: The Act specifically states "the written medical certification shall include" and proceeds to explain the required infor that must be provided to the employer. In the absence of any bona-fide information, the Act does NOT requi…
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kp68: It might be. Is the request for continued or intermittent leave? Numerous courts have said that conditions such as hypertension, headaches, muscle aches, fatigue, etc..... by themselves will not constitute a serious health condition. These …
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KP: The "loophole" is sizeable, but can also be limited by the org's tolerance for making certain the medical condition(s) are genuine and worthy of FMLA protection. Headaches, flu, upset stomach, etc.. are not normally covered illnesses (assuming…
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The issue about this leave being discretionary (at employer's option) is if it's taken AFTER the birth or placement. The employer must approve this and I'm not aware of any time frames other than it must occur within 12 mos of birth. Try the optio…
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You're correct that intermittent leave for child birth is discretionary for the husband. You might try using the reduced leave option to assist him. There's frequently a silent trap with sort of thing--------you're reluctant to approve FMLA, but en…
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The burden for you right now is to prove that the breach of the confidentiality clause has caused damages to the organization. That's the whole purpose of such agreements. I'm guessing that there are no remedies for damages cited in the agreement …
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We do not count the pre-natal visits as you've described. Mainly due to the recordkeeping issues of 1 hr here another there, etc.... Once the employee is deemed incapacitated due to complications, or birth, etc...., we'll start the process.
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A VERY short answer is that when the Act became law in '93 it was constructed to apply to employees needing to apply for FMLA. Since '93, with all the rulings and decisions involving FMLA, employers are now permitted to designate the time off as FM…
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Unless you're obligated by your own past practice, FMLA does not require the employer to reimburse for these expenses.
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morrisg: You won't find anything that specific in the statute to alleviate your concerns. Rather, I think the issue is an operational one vs. FMLA. FMLA suggests that the med cert identify probable duration of the medical condition and while many …
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healthcare: Many states have provisions in their W/comp statutes that address employees who "fail to cooperate with medical treatment", etc... and offer remedies to stop TTD payments or future med expenses. You'll have to check 2/c what provisions…
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Jean: I'm not familiar with OR work comp law, but it's likely similar to what the rest of us deal with. You're on the hook if his current job has aggravated a prior injury and he's reported an injury/accident to you. It may simply be that he'll ac…
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At who's request do you think it's coming from? Some W/C carriers will do a post coverage audit helping to transition you to your next carrier; plus they like to re-look at current claims 2/c if they can pass them on. Your contract with them s…
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I wouldn't loose too much sleep over her allegation. Despite the fact that no ADA request surfaced while she was employed, she'll have a difficult time arguing discrimination for what was not known or even regarded as having an impairment. Attenda…
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Too little information to determine ADA, so can't help there. Is there an impairment that substantially limits 1 or more major life activities???? If yes, then it might be an ADA issue and you'll be expected to consider reasonable accommodations..…
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LindaS: Many states permit the employer (and insur carrier) to deny payment for expenses that are incurred either w/o permission, outside of the employer's policy, or subsequently deemed to be frivolous. Billing the employee for those charges might…
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The request for records is likely the attorney's first steps in "representing the employee" for a work related claim. Either you provide the info upon written request, or wait until you've been subpoened for the information. Alot of org's will "ta…
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Forgive the semantics, but it's unclear whether you "regard" the vol's as employees (as part of an organizational team structure) or whether you pay them as employees. If the former, then I doubt they would be covered by ADA nor any other employee …
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There is no dollar amount designated by ADA------only that it is not necessary if it creates undue hardship for the employer. Undue hardship is a very difficult standard to prove. It is individualized to each employer. Spending $5000 may be a se…
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It doesn't sound to me as though you're very certain about their w/comp status. I'd suggest finding out the status of their claims b/4 discharging them. While discharge may be warranted under your current policies, retaliation for filing a w/comp …
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On the surface this sounds more like FMLA than ADA, but I'll assume you have enough facts to differentiate. My suggested approach would be to explain to the employee that her wish to RTW differs from the physician and you'd like clarification on th…
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ADD may fall under ADA if it substantially limits one or more............. Medication may stabilize the condition and make it ineligible for ADA protection. Regarding the accommodation issue: the employee is required to inform the employer that s…
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Seems to me it would depend on the type of transplant, prognosis, etc........ If they are substantially limited from 1 or more major life activities, I'd think they were covered. From my experience, things like kidney transplants do not impact ADA,…
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Forgive my need for more facts, but............. What was the Rx that was written? You might not want to post it on this forum, but I'd like to know if the script was for Oxycontin or Advil/Tylenol; class II narcotics, etc?????? Once this was kno…
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Paul: As you know, it depends on your particular state. Of the 6 states that I've previously worked in, none of them viewed stress as a compensable w/comp injury. Illinois, however, DOES view it as such, IF the employee can show that the employmen…