FunHRBanker
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I agree. Losing coverage is a "qualifiying event" under the 125 plan. On a side note, I'm not sure how the wife could possibly be eligible under her mother's insurance since she would no longer be a dependent. I hope he has very carefully looked …
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See Don D's post in "Forced Health Benefits" written by PattyO. May help a little
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I think you should give the forms to the employee and see what the doctor has to say. It sounds like "continuing treatment". If it is not a serious health condition as defined in the regs and certified by the doctor, you can proceed with your regu…
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We received verbal notice from the employee that she would return for the time agreed upon (thru August), but that she would be leaving after that. While I do not begrudge her for staying home with her child, I feel used and abused. It had to be a…
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That's probably what we would do also, but I wanted to check on others' practices. Thanks!
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Even if she submits a resignation letter?
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Oh...I completely agree with what you did. She is still your employee so FMLA is appropriate.
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It just depends on how you want to handle it, how you've handled similar situations, and how your SPD reads. Our benefits terminate the day employment terminates. If you want to allow the employee to rescind the resignation, that opens the door fo…
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With regard to benefits, employees on FMLA have a right to continue their benefits as long as they're making their contributions. Technically, if you've allowed this employee to resign, they would no longer qualify as active under your plan.
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The employee resigns, then requests FMLA? Why would they do that and why would you?
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The employer is not in WI. Thanks!!
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Basically, if they can do it for someone eligble for FMLA, they should be able to do it for someone who doesn't qualify? Either way, they would need someone to fill the position. Cancer treatment is covered under ADA if I'm understanding Linda cor…
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I working a reduced schedule with 3+ weeks off for recovery considered a reasonable accomodation? There are no part-time positions available.
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I could be completely off here, but I believe the father has the right for up to 12 weeks of FMLA. The regs don't specify that the employee must be female. Check your state law, but in WI he would be allowed to use sick leave for the first 6 weeks…
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Yes, they are substituting paid time for unpaid time. It doesn't extend their leave. Do you allow the use of sick leave beyond what's prescribed by law? In WI it would be after the first 6 weeks.
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We've all got one of these people. If the dr. is certifying that the ee needed one week, then I would say yes, you need new certifications EACH time the employee is out. Do you/can you force the use of paid time off? I found that once we started …
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If it's for the same condition, I'd say no. You can recert no more often than every 30 days. If the absences are for many different conditions, you would need a new certification in my opinion.
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I have had one instance that I gave the papework back to the employee asking for clarification on the serious health condition. I then contacted legal resources and was told, much to my disappointment, that if the doctor has checked the box indicat…
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Unless you want to pay for a second opinion, your hands are pretty much tied. The dr. is ceritifying that there is a need for the leave. Not much you can do...but I can appreciate your frustration!
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If the leave is forseeable, he should submit a schedule. According to the DOL, "Employees needing intermittent FMLA leave or leave on a reduced schedule must attempt to schedule their leave so as not to disrupt the emploer's operations. In additio…
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Whoa, back the cart up, the changes are for military families, not civilian employees. I would assume that as long as the employee continues to pay their portion of the premium, you would continue benefits.
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I hope those proposed regs go through! I'm tired of being in the dark on some of these things.
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With written permission from the ee, you can contact the doctor, but it's definitely a grey area. I agree with the other posters. Couldn't you deny the leave most recently requested since the doctor verified that the child was not incapacitated at…
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Thanks for your help! You reaffirmed my gut feeling.
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I did receive clarification from the doctor regarding the medical facts supporting his chronic condition selection: "unable to drive after procedure due to sedation." WHAT?! That's for the appointment, not the chronic condition. Anyway, I did app…
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Thank you for your input. Some comments the employee made, made me doubt the validity of the request. We have no problem allowing the employee to take time off to transport the father to and from appointments. In fact, we specifically address thi…
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Nae- He is getting older and does require more attention. This employee is our Problem Child (as I'm sure you've heard my call her before) and will use every angle to work the system. She does not want to use her sick time, or any paid time for th…
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Great, thanks!
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I would say that this does not qualify at this point. The adult child is not disabled and does not have a serious illness/injury that would render him/her incapapble of self-care. In WI, child is defines as a natural, adopted, foster or treatment …
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That's what we determined too. Thanks!