Gillian3
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This is dangerous. You need legal advice. The problem is that this decision came after she was gone because you found out that you could do the work without her. That is not the same as a layoff for lack of work (a legitimate reason to refuse to …
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Mushroom is correct. Just pretend that FMLA never happened.
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Very difficult. Yes, you should put her on FMLA. You should then decide what your company policy will be. You could decide to pay the health insurance, but remember that doing that may open the door for more to expect that you will do that for th…
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1. Determine whether or not this is a covered disability under ADA. I don't know what fibromialga is so won't hazard a guess. If it is a temporary condition, chances are it isn't a covered disability. If there are any questions, ask a labor atto…
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I think that Mark is correct. The key words are "cosmetic" and "routine". If that is what you have, then fine, however orthodontia can change into a medical care issue if there are problems. That could be FMLA but I bet that you wouldn't want to …
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This is not so much an FMLA or CFRA (Ca. version of FMLA) but a disability issue and the relevant law is the Fair Employment and Housing Act (CA)which is more stringent than the ADA. You need to consult an attorney before you terminate this person.
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I would not include it. Maybe, after you tell her that the information will REALLY be public information, to be read by her neighbor or a newspaper reporter, she won't want it there either.
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My opinion isn't too different from the first post, but the ADA is not an issue for us in Ca. - in fact, it is almost irrelevant. The disability law for us is the Fair Employment and Housing Act which is stricter than the ADA when it comes to evalu…
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This is an interesting question. After reading the posts I looked at some of my material - maybe this will help. The federal regs do allow some "inquiry" when the necessity can be shown to be job-related and consistent with business necessity. No…
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The first post is exactly correct, Brark.
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Alcoholism may be a covered disability AFTER rehabilitation. I think accomodation in your case is nothing more than doing a favor for the employee if you can do that within your business needs.
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Since this change is temporary, maybe 90 days down the road you anticipate changing her back to the weekend shift. If the medical need exists at that time, she will have to fill out FMLA paperwork.
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That would work as well. You are doing what is best for the company, and the employee. That's cool.
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See you on Monday, and the best to your mother. Not sure why you are on the fencepost, other than you think the employee may be faking it or for some other reason she may not qualify for FMLA. If she doesn't qualify for FMLA, maybe some other type…
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Actually, he did. Our community has an annual barbeque. We went. It was our second. Also, the transit district had a potluck. I went. I wore red, white and blue just like the instructions said. I don't have anything red, white and blue, so I …
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Yes
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What is your motive for termination? If the motive is that he can't do the work that the client needs to have done, I think you are safe. If the motive is - terminate because he is a workers compensation risk now and in the future, you may have vi…
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The suggestion was based on an assertion that the absences tended to coincide with child care issues as well as one which coicided with a holiday, so it is multiple, not a one time event. Apparently a pattern has been noticed and that is something …
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Maybe it is time for a frank discussion about the "pattern" and tell her that you expect fairness from her just as you will be fair to her. If she couldn't identify who told you about the "MS card" comment mention that as well. Finally, tell her t…
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[font size="1" color="#FF0000"]LAST EDITED ON 07-06-05 AT 12:16PM (CST)[/font][br][br]I remember working with two brothers who were bi-polar. Excellent workers but when medication wasn't taken properly would behave inappropriately. Working with th…
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"If I am not mistaken", bi-polar has been ruled to be a disability under the ADA, but maybe I am confusing Ca. regs which are more stringent than the ADA. Perhaps what should be done is to run that point by an attorney and if it could be a disabilit…
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Unfortunately, that is probably a "depends" question. There have been cases which have been ruled as not covered when the illness can be alleviated through medication. An example is high blood pressure - I remember that one. I believe that bi-pol…
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You could require a second opinion.
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There is going to be one heck of a large travel bill for those trips to Eastern Europe while intermittent leave is in effect. I am not sure what I would do. My first instinct would be to treat it as fraud and terminate the employee, but I guess th…
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Just to add to the advice that the review should take place. If reviews at your place are tied in to pay increases, the failure to give a review coupled with the lack of an opportunity to receive a pay increase WILL open up a potential retaliation …
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Please don't take this as "raining on someone's parade", but the fact that Don felt that he had to ask for a critique begs the question "why". Personally, I feel that we have become so paranoid about setting precedents, use policy as law instead of…
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This is a perfect example where "one glove doesn't fit all" applies. The proper thing to do is to go out of your way to try and help someone who is in obvious difficulty. Maybe you can give a LOA or something while you sort it out.
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[font size="1" color="#FF0000"]LAST EDITED ON 04-21-05 AT 11:51AM (CST)[/font][br][br]I missed this one. The make up time in not just an FMLA issue. If you are a private sector employer in Ca. daily overtime applies - time and a half over 8 hours …
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Not so. There may be an occasional employee that looks at this individual and would like the ability to take off like he does, however, there will be no open flood gates letting the whole work force out to play. If there were, you would have a con…