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Gar

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Gar
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  • Here in N. Carolina we go through a simple 5-day process whereby we send the employee three (3) registered letters requesting he/she contact us. The 2nd and final letters plainly state that failure to do so will result in termination (job abandonme…
    in Return to work from FMLA Comment by Gar October 2001
  • You need a written policy, pronto. Here in NC: 1. We designate situations as FMLA events. 2. We require employees' accrued vacation and/or sick time to run simultaneously with FMLA time-off. It's not optional. The employee, therefore, is being pai…
    in Accrued Vacation Pay instead of FMLA Comment by Gar October 2001
  • What you are doing seems reasonable to me. But, given the additional duties, be prepared should she ask to have her job studied in the hope that it may result in a promotion.
    in Pregnancy Situation Comment by Gar October 2001
  • Since such is the case, he was insubordinate and AWOL and should be dealt with accordingly.
    in Injured While AWOL Comment by Gar October 2001
  • James makes a good point. I assumed the employee took the time off then injured his back. If the time off is the result of the back injury, you should ask for a health care certification.
    in Injured While AWOL Comment by Gar October 2001
  • It seems to me you can terminate employment (AWOL and insubordination). The FMLA does not provide immunity from disciplinary action. But, depending on the severity of the injury, be prepared for an ADA (Americans with Disabilities Act) fight that y…
    in Injured While AWOL Comment by Gar October 2001
  • This question raises a question. Is the 1250 hour requirement a one-shot deal, or must an employee have worked the 1250 hours prior to each leave - even if the employee has, lets say, worked for the employer 20 years?
    in FMLA Eligibility Error Comment by Gar September 2001
  • It seems to me that if the sick leave runs concurrently or simultaneously with FMLA time off, denying the bonus is a violation, pure and simple.
    in Deducts from bonuses for use of sick leave- a violation of FMLA? Comment by Gar September 2001
  • "Within any 12-month period"? If I were the big mucky-muck at Air West, I'd reinstate the emoployee and fire the person who wrote the policy.
    in fmla recall Comment by Gar September 2001
  • If the medical certification regarding the employee's depression does not address medication side effects, give the employee a new certification form for his physician to fill out. Moreover, if he is incapacitated due to the medication, this could b…
    in FMLA intermittent leave Comment by Gar August 2001
  • [font size="1" color="#FF0000"]LAST EDITED ON 08-24-01 AT 07:22AM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 08-23-01 AT 04:01 PM (CST)[/font] Let's not jump the gun. FMLA is down the road and you'll cross that bridge if and when …
    in potential problem employee FMLA/ADA issues Comment by Gar August 2001
  • I sure hope you reviewed the decision to terminate this guy's employment with legal counsel. On it's face, it sure looks like you're retaliating against him because of the W/C claim and his request for an ADA accommodation. If I were this guy, that…
    in FMLA/ADA/WC Comment by Gar August 2001
  • Right on Down-the Middle! We've been doing that for more than a year and our state's (North Carolina) Unemployment Security Commission has exactly that view. "The claimant was offered employment and turned it down thereby disqualifying themself fr…
    in FMLA & Unemployment benefits Comment by Gar August 2001
  • Two questions. 1. Do you have a written attendance policy? 2. If an employee is absent 15 days a year, is he/she considered to have satisfactory attendance?
    in You don't understand - they don't want FMLA Comment by Gar July 2001
  • As you mention, employers can designate FMLA coverage. But if employees aren't willing to meet you half way by providing the medical certification, I'd tell them you can't designate the absences which become chargeable and could ultimately lead to …
    in Employee won't 'Request' FMLA - can we designate Comment by Gar July 2001
  • This can be very trickey. I assume the job downgrade is the result of a job study. If so, it seems to me that if you are able to demonstrate the following, you are in good shape: 1. There is a legitimate business need for the job study. 2. The jo…
    in Layoff or Change of Status for an Employee on FMLA Comment by Gar July 2001
  • How do you know he is under a doctor's care for the conditions you describe? Be that as it may, it seems to me that as long as he is taking vacation days, there is little you can do untill he is told that future vacation days will not be approved. …
    in Manager dilemma Comment by Gar July 2001
  • According to the Act, the term "spouse" means husband or wife. The term "son" or "daughter" means a "biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is under 18 years of age; or 1…
    in FMLA definition of Parent Comment by Gar July 2001
  • If your firm or business considers her to be an employee during the so called lay-off period, and I believe you've indicated as much, it's probably immaterial whether she is actually working or not. The way I see it, it is reasonable to start the 1…
    in FMLA + STD + Layoff = HELP Comment by Gar July 2001
  • I don't see the status of the rest of the unit as having anything to do with this matter. The question to be answered is: Is the person an employee during the layoff period? Since her one year anniversary date has been established as July 24th (du…
    in FMLA + STD + Layoff = HELP Comment by Gar July 2001
  • 1. Since her 12th month with your firm will occur on July 24th, it seems you will have to send her the FMLA letter on or just after that date. Most importantly, be sure that, as of July 24th, she has also worked the obligatory 1,250 hours for FMLA …
    in FMLA + STD + Layoff = HELP Comment by Gar July 2001
  • Seems to me that since there are no doctors' notes, you can do as you please. But, reasonably speaking, I'd ask the employees to get doctors' notes and if they don't within a reasonable period of time (3 or 4 days?) do what you will.
    in Reduced hours due to pregnancy Comment by Gar June 2001
  • You're correct. Pregnancy isn't covered by the ADA. However, title VII of the Civil Rights Act of 1964 was amended to give pregnant women the protection they don't currently have under the ADA. Bottom line: You shouldn't treat them differently than…
    in FMLA Comment by Gar June 2001
  • I agree totally with Down-The Middle. You should treat this employee the way you would any other employee with a dibiltating illness/condition.
    in FMLA Comment by Gar June 2001
  • As insensitive as this may seem, I would get her out of the workplace pending the results of a fitness for work evaluation by a qualified physician. Think about it this way. What if she brings a gun to work and, in the process of taking her own li…
    in Threat of Suicide at Work - FMLA/ADA/STD??? Comment by Gar June 2001
  • Sounds like those early call-ins is a question best answered by the employee's health care provider. I suggest you compose a letter to the health care provider and ask if the early call-ins are legitimate. It is extremely important that you give t…
    in Intermittent FMLA Comment by Gar June 2001
  • I'm going out on a limb and express the view that it is not covered for the following reasons: 1. In vetro fertilization is a method or procedure for getting pregnant. I don't see getting pregnant, whether it be via the old fashion method or artifi…
    in In Vetro Fertilization Comment by Gar June 2001
  • In the absence (no pun intended) of knowing what your attendance/sick policies are, I am saying that an employer has the right to know the nature of an employee's illness for protection under the FMLA. Moreover, should the initial medical certificat…
    in Paid sick time with doctor's excuse Comment by Gar May 2001
  • It seems to me that if the employee is unwilling to cooperate, don't approve the FMLA leave. If has been approved provisionally, disapprove it.
    in Paid sick time with doctor's excuse Comment by Gar May 2001
  • You might get around the FMLA question by suspending the employee, with pay, pending the outcome of the investigation of her alleged wrong doing. But that can be a double-edged sword. The good part is that the FMLA question becomes moot for the time…
    in FMLA - Employee walks out, finds attorney Comment by Gar May 2001