FunHRBanker
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With any employee whose leave would span 2 years, their 2 week or 6 week state leave (therefore the period that we cannot force the use of PTO) would begin again on 1/1? That makes sense also since the FMLA entitlement period for both state and fed…
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Yes, we use January through December as our FMLA year. Our FMLA policy reads, "Employees on FMLA leave may use any available paid vacation time or personal days while on leave, and may be required to use any available paid vacation time or personal…
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Could he sue for discrimination under ADA? Granted, he hasn't asked for accomodation. What do you do?
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They day off counts against FMLA, period. If the employee opts (and you allow) them to work Saturday, they work Saturday. If they weren't on leave and came in on Saturday, they wouldn't get paid extra. FMLA is not about "making up the hours." Yo…
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We will count this as FMLA. I wasn't clear with my substitution statement. After the first 2 weeks for a serious health condition or that of a family member (6 weeks for birth/placement of a child), we require the use of vacation and personal time…
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He is not home yet. He is still at the hospital. We cannot force the use of sick time, but we do force the use of vacation and personal time.
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Oops! It's not anymore x:-8
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A community bank in a small town. I was going to send you an email, but your profile is disabled!
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I have the FMLA portion of that site bookmarked! I figured I should recertify, even if the conditions are related, because I haven't gotten one since January. I gave her separate paperwork for her mother also.
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You need to check with your state regs also. We run state FMLA concurrently with federal FMLA so after the first 2 weeks off for their own serious health condition or for that of a seriously ill family member, we force the use of vacation and perso…
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Check the DOL website for FMLA section 29 CFR 825.205 How does one determine the amount of leave used where an employee takes intermittent leave or on a reduced leave schedule. Here's the link for the page that lists different sections of FMLA [url…
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What do you do for other employees out on leave?
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Please correct me if I'm wrong, but FMLA is an unpaid leave. I also believe you can dock salaried employees for half day absences.
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Essentially that's what we've done going forward, but for any extra days, we want to be covered.
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That's EXACTLY what I'm finding too! Never have enough info to cover every instance M. Lee Smith put on a webinar last month on Control FMLA Abuse: Documentation Tactics to Deter Employees who "Work the System". I didn't get any specific tips to…
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In WI the qualifier is 1000 hours in the 52 weeks preceding the date of the request. When I called our advisors, they told me that if an employee takes off a day they are regularly scheduled to work, it is counted as a day of FMLA regardless if the…
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She has to take her mother for chemo treatments every Monday for 4 weeks. If she is normally scheduled to work on Monday, but switches with another employee (the schedule is not changed, the employees have simply switched days), is Monday considere…
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In addition (please correct me if I'm wrong!), if they have a serious health condition such as heart surgery or cancer and are unable to care for themselves, they are also eligible for FMLA.
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Fair enough, thank you.
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I agree that if the doc says yes, it's a definite yes. The problem lies in that she was telling people that she was going to visit simply to visit and taking FMLA to do so. Thanks for your responses!
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Do most of you pay the holiday or is it unpaid since the employee is not available for work?
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We required the use of vacation and personal time, which she already used for the original absence. Thanks for your help!
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Gut reaction is that it's not our place to decide how people use their FMLA if eligible. Did she turn in her paperwork now? And, if so, is it more than the 15 days normally given?
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We did not deny the leave or anything like that. I don't doubt that there was a serious medical condition nor are we allowing her to do anything outside of the restrictions. I just want clarification from the doctor so that this doesn't turn into …
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Because of this employees previous history and knowing her personality, I believe she is milking this like no one's business. I further believe she is trying to make a case against the teenager who caused the car accident she was in. The knee was …
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Can I call or fax the doctor for clarification? Basically, we need to know the length of the restriction. She's still icing pretty much all day and the knee surgery was done on 1/6. Like I said, I just want to have everything in order for this em…
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Perfect! I will do that, thanks.
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My point(s) exactly. Can you see why she drives me NUTS?!
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The current restrictions are something we can work with, but if she says she can't even sit there and OCCASSIONALLY assist a customer, that is not something we can work with. I didn't even think about the WC angle...but I'm sure she will. When she…
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I would talk to your TPA again. Because our employees are leary of electing too much (or too little) for the upcoming year, I specifically asked if elections could be modified prior to Jan. 1. Our TPA had no problem with that whatsoever. The plan…