Gar

[font size="1" color="#FF0000"]LAST EDITED ON 02-22-02 AT 03:34PM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 02-22-02 AT 03:26 PM (CST)[/font] You probably didn't get a response from the employee's psychiatrist because the doctor …

in FML for depression - a blank check for time off? Comment by Gar February 2002

I suspect that the FMLA clock would still run while he is out on suspension because, as your ploicy indicates, it runs concurrently with WC. Moreover, he's still an employee. I'd simply continue not to pay him for the 30-day suspension period.

in FMLA / WC / SUSPENSION Comment by Gar February 2002

[font size="1" color="#FF0000"]LAST EDITED ON 02-21-02 AT 02:20PM (CST)[/font][p]As a matter of fact, my understanding of the regs supports what you want to do. According to my info, the 12 weeks can mean the equivalent of the employee's normally sc…

in FMLA Calculation Comment by Gar February 2002

It seems to me that the 14 days cannot be counted toward his FMLA entitlement because, per the certification, he wasn't sick during that period. Since you suggest that the average amount of time for employees to return health care provider certific…

in 15-Day Wait Period...In The Meantime Comment by Gar February 2002

Under the FMLA, an employer can temporarily transfer an employee on intermittent FMLA leave to another assignment. Moreover, employees on intermittent FMLA leave can be required to schedule medical appointments around the needs of their jobs. Given…

in Supv on FMLA, dept falling apart! Comment by Gar February 2002

Do I understand you correctly? If an employee needs a leave of absence and they are not eligible, you fire him/her?

in FMLA/Pregnancy Comment by Gar February 2002

Sounds like this guy is trying to put you over a barrel. First, I'd designate the time off as FMLA to start the FMLA clock running. The sooner you get through that, the easier it will be to discipline (attendance) and perhaps terminate employment.…

in FMLA Comment by Gar February 2002

In a nut shell, yes.

in Intermittent FML Comment by Gar February 2002

[font size="1" color="#FF0000"]LAST EDITED ON 02-06-02 AT 01:16PM (CST)[/font][p]What could happen? The Department of Labor knocking at your door due to a complaint of inconsistent treatment. You need to talk to the management team ASAP, have them …

in Uncooperative Supervisors Comment by Gar February 2002

Since the employee will be on your payroll for the two week period, she is entitled to FMLA protection for that period.

in FMLA- RESIGNATION Comment by Gar February 2002

[font size="1" color="#FF0000"]LAST EDITED ON 01-30-02 AT 02:45PM (CST)[/font][p]Before you do anything, consult with your legal counsel about the laws of your particular state. Some grant greater protections than those afforded by the FMLA. As fa…

in FMLA ending - employee not able to return to work at this time Comment by Gar January 2002

Sounds like chronic condition to me. With doctor's certification, employee would be covered by FMLA.

in Intermittent FMLA for care of sick child Comment by Gar January 2002

As John Vering suggests, procede with caution. We had a siuation some 4 years ago involving an employee who stole some significant company property (a laptop computer and a scanner). He did it several weeks prior to going on FMLA leave. The thief'…

in Can I fire an employee on FMLA for other reasons? Comment by Gar January 2002

It seems to me that in not paying the attendance award you, in affect, are punishing the employee for taking the FMLA leave. As I like to mention, in rank & file slang parlance, FMLA means "Forget My Last Absence."

in FMLA and Attendance Bonuses Comment by Gar January 2002

I agree with Down the Middle. My understanding of the regs is very similar. Regarding question No. 2, we require FMLA leaves too run concurrently or simultanmeously with accrued vacation and sick days. If an employee doesn't have the accrued time o…

in FMLA and Attendance Bonuses Comment by Gar January 2002

Just to chime in with the others, if this ermployee isn't a "key employee," reinstate her to the job she held before she went out on leave or risk losing a possible lawsuit.

in FMLA - Job Filled Comment by Gar January 2002

[font size="1" color="#FF0000"]LAST EDITED ON 01-07-02 AT 10:10AM (CST)[/font][p]After reading the regs, it seems to me that since there is a contract between the birth and surrogate moms, the surrogate mom is entitled to FMLA time off similar to so…

in FMLA - Surrogate Child Comment by Gar January 2002

[font size="1" color="#FF0000"]LAST EDITED ON 12-18-01 AT 09:26AM (CST)[/font][p]This is why FMLA also means "Forget My Last Absence."

in FMLA/Compensation Reviews Comment by Gar December 2001

I don't see why not. But you could get into trouble if, let's say, most of your admin. staff is female and most of your attorneys are male. Or, if most of your admin. staff are women and people of color and most of your attorney's are White males.…

in FMLA - Can we allow broader rights for some employees? Comment by Gar December 2001

[font size="1" color="#FF0000"]LAST EDITED ON 12-14-01 AT 08:39AM (CST)[/font][p]Try this. Designate the event as one qualifying under the FMLA. Now, the ball is in the employee's court to come up with the medical documentation. If he/she fails t…

in Employer Forces Designation of FMLA Leave Comment by Gar December 2001

For what its worth, I'll chime in with everyone else. You (the employer) most certainly can designate the leave as an FMLA event as long as it passes the FMLA test(s).

in Employer Forces Designation of FMLA Leave Comment by Gar December 2001

Full time or part time status means nothing. The only requirements are that she worked for your employer 12 months at the time of the the leave request, that, at the time of the leave request, she worked 1,250 hours during that 12 month period and …

in Employee Changed Status Comment by Gar November 2001

An employee can be dropped from an employer's medical plan if the premium payment is more than 30 days late.

in Didn't pay medical premium while on leave Comment by Gar November 2001

We are a local government here in N.C. We require our employees' accrued paid sick and vacation days to run simultaneously or concurrently with FMLA time off. If employees have no accrued paid sick/vacation days, FMLA time off is without pay (no-pay…

in Holiday Pay and FMLA Comment by Gar November 2001

You most certainly can require the employee to return to work since his healthcare provider has certified him as being able to do so, although on light duty. This may be somewhat unrelated but I recall a situation in which we designated a leave, whi…

in Return to Work before FMLA runs Comment by Gar November 2001

Ditto to Down-the-Middle's comment. Not FMLA.

in Pregnancy leave for grandmother Comment by Gar November 2001

Thanks for clarifying the facts. Essentially, for FMLA purposes, I would want to know if the employee can work or needs the leave. Since the doctor won't certify the need for intermittent FMLA leave, which assumes he/she will not certify the need fo…

in Pending FMLA Certification Comment by Gar November 2001

Based on what you've indicated, you have an employee with an attendance problem and his supervisor believes some of it is not related to his condition. Moreover, in September, you provisionally designated the condition as an FMLA qualifying event b…

in Pending FMLA Certification Comment by Gar November 2001

Yes, do indeed check the laws of your state. However, at the federal level, it seems she has no rights since she has run out the string on her FMLA entitlement.

in FMLA-Pregnancy Comment by Gar November 2001

I totally agree with Down-the-Middle. Don't let your employer fall victim to this apparent grab for money. This was an issue in a recent grievance we had. We didn't pay for the initial certification and the employee screamed foul. However, if we r…

in Charge for FMLA medical certification Comment by Gar October 2001

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