Gillian3
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No. High blood pressure doesn't substantially limit a person from doing life's major activities, one of which is working. That means in general, not a specific job, therefore you could terminate him. Hopefully, the person is on medication. It's ea…
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The outcome of this will depend on what was going on between the employee and the doctor. FMLA is written to protect the employee and the employer will rarely win on a technicality such as you describe.
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I like sick leave donation plans. Having said that, I think that they should be put in place after first thoroughly thinking through the pros and cons. There is a lot to think about with such a plan, and it is always best to put a policy in place b…
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This is rather an obscure point, but I don't think that we can extend FMLA to any group of employees who do not qualify. We can extend a benefit equal to what the law provides, but it is not FMLA, just a leave of absence. It is a good idea, though…
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That's an interesting point, but I would think that a poster which describes a law that does not apply to the employee group, doesn't mean that the law now applies just because a poster is up. I guess I think that because the reverse is also not tru…
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California employees are eligible for both FMLA (Federal) and CFRA (Califoria Family Rights Act). In most respects, but not all, the laws are the same, including the fact that there must be 50 employees within a 75 mile radius. Your Ca. employees …
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ADA may or may not be an issue, because something that qualifies for FMLA may not be something that is protected by ADA. If does though, just saying that she can't work with restrictions because ----isn't enough to get by the ADA issue. That requi…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-07-05 AT 11:12AM (CST)[/font][br][br]The key difference is that your employees in Ca. are also covered by Ca. Family Leave, as noted by Mary B. In most, but not all, respects the leave is the same as…
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The doctors note will state the time off piece. If it is three days or more, it qualifies for FMLA - that is part of the definition of a serious illness.
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What most organizations do is to provide leave based on a doctor's note and have a policy which provides a maximum amount of leave - up to 3 months, six months or whatever and be consistent. Remember that you are subject to the Ca. Pregnancy Leave r…
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You may be mixing in PFL when you don't need to. For the benefit of those in other states, PFL is a payment made to employees who are off due to illness of family members. It applies to all employers and is paid for through 100% employee payroll d…
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There isn't any definition to how reasonable a LOA can be. It will string out as long as the attorney et.al. decide to string it out. Hopefully it will be short. COBRA qualification is whenever there is a change which causes the employee to lose i…
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Yes, the attorney response is stupid (is that the right word?). Either one is terminated or not and an extension on the LOA is not. You are also correct in thinking that providing a LOA is an accomodation so you would be accomodating without even …
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You may be in a pickle and a call to an attorney might be worthwhile. The ADA is irrelevant in Ca., the Fair Employment and Housing Act is, and it is stricter than the ADA - the reason that the ADA is irrelevant. To be covered under the ADA, someo…
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Nothing different here. The employee has no expectations of anything other than what policy states or what might be consistently done with others in similar circumstances.
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Just firing her would not be a good idea in Ca.and is probably the reason that HR advised that way. Firing her would probably be cast as a retaliation issue and the courts in Ca. are not very sympathetic. Further, the case would cast her as someone…
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There seem to be problems all around, and HR is part of the problem IF it is going as he says. You only have his side of the story. In any event, there should not be a prohibition against discipline or termination if the person is not doing her jo…
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This is what my FLSA book says. Employers need no calculate the time an employee works precisely to the minute. For instance, the punch card of an employee who is supposed to work 8:00 AM to 5:00 PM may show random variations in punch times such a…
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I don't think that the BA or Masters in HR is as good as a general business BA or MBA. Then supplement with university certificate programs and the PHR/SPHR. Mine is a BA in Business and MPA (public administration)and SPHR.
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Ramifications? The law states that companies can be fined for hiring undocumented workers and jail time is a possibility as well. In reality, no one has gone to jail and the government fined three employers in 2004. Don't go by that, though, enfo…
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Yes there is Crout. 29 USC.631 (c)(1), whatever that is, says that the ADEA allows that persons who are in an executive capacity for at least two years before retirement and who will receive a retirement benefit of at least $44,000 annually still m…
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If you discipline the employee, but the owner has no consequence(fat chance) a sexual harassment charge will have retaliation added to it. The charge will probably arrive after the disciplinary action takes place. Your defense will be "everyone was…
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It probably isn't a good idea to mention it. Usually offer letters contain "employment at will" language which implies a separation of employment at any time. If you add language about termination should the contract end, you would imply that empl…
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Thanks. That puts it in a nutshell. Hadn't quite thought of it that way before, and , in moments of weakness, had assumed that maybe I played a minor role leading up to the divorce.
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Once you have a girlfiend, you will always have a problem.
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You're still stuck, although if this went the way it should, he would complain to his employer, who would complain to you and you end up where you are now.
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With all due respect to management guru's who have theories about this and that, I think that employees will link pay and performance no matter what you do, even if you give pay increases in January and performance appraisals in June. Theories don'…
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There are no legalities involved, so this is a "what do you want your policy to be" issue. What will it take to get this employee, and others, to understand that what was done was a bad thing and shouldn't happen again? Generally, suspensions are 3…
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I will disagree with Whirlwind - slightly. I think you should terminate him whether or not that was the case in the past. If you don't, you are stuck with a bad precedent forever - best to change it before you have more employees that you haven't …
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I doubt that you will find companies that do this. There are a bunch of reasons why not. 1. How do you set the standards for what qualifies as theft? You don't want to count 10 copies but what about 50? 2. How will you prove that there was thef…