Gillian
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You are on the right track. You might want to tell the manager that the time he thinks is being wasted now in terms of the employee not working to what he thinks is proper will be nothing compared to the time he will personally spend in preparation…
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I'm thinking that you are correct Leslie. You may have something like a "cost of doing business" issue due to the type of business for which you work.
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Wait until you get a whole raft of negative reactions about the doctor, print them out and send them to the doctor. There just isn't any "right" motive for a doctor to do this. Thank goodness it hasn't happened to any of our employees.
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He can only qualify for FMLA if a doctor certifies that he is needed for the care of mother or child - because one of them has a serious health condition.
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Yes, if the employee has been employed for one year and has worked 1250 hours in that year. Actually, it would be best just to give the guy three days off. He isn't asking for much.
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This one probably depends on whether or not the employee thinks that it is equivalent. If the employee considers change a positive one, even with the loss of shift differential, you are probably OK. If the employee is dependent financially on the …
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The Pregnancy Discrimination Act doesn't cover this person since she is not disabled. If you are covered by Family Leave regulations (50 employees), the person could take time for bonding purposes. There are no regulations that require you to acco…
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That's the reason perfect attendance awards are out of favor. The employee is entitled to the leave and cannot be discriminated against because she needed it.
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Open the floodgates - this is a someone in a terminal condition. Ask the ones who references the use of FMLA for this purpose - is your wife dying? and if she is, extend the leave there as well. I am not so sure that it isn't qualifying. Who else…
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A year it is. You will have to go to your HR to find out where the 10 months comes from.
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It is and it cannot run concurrently with either PDL (Pregnancy Disability Leave) or FMLA when the issue is pregnancy. CFRA can run concurrently with FMLA on everything else.
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Actually, there is nothing silly about trying to figure our how the three regulations interact. Since CFRA cannot be used concurrently with FMLA or PDL, it is all available for use as soon as the others run out. You should place the employee on CF…
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If it is because of a diagnosed illness, yes.
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The first discussion should have been with you given that demotions/counseling are HR issues and because of the circumstances. Had this occured you would have had the opportunity to research this issue and find out that yes, there is a problem. Th…
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She is eligible for FMLA so long as the doctor certifies her as disabled, whether that is two weeks or twelve. If your state has a separate family leave law, you might want to check whether or not it can be used during a pregancy. In California, w…
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The fact that it is last minute makes no difference if the child is really sick. If you suspect funny business you can do what you can do in any circumstance where you suspect that - follow up with the doctor, or ask for a second opinion. Those wh…
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Do what is "right" and "right" in this case is to extend the leave.
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From Ca. - there is probably a misconception going around about how this leave will be paid. Employers will not pay $$ directly to employees, but through an already existing state disability fund which pays $$ when an employee is ill. If the new b…
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The Fair Employment and Housing Act (Ca) approach to disability is more liberal than the ADA, so you do have a potential problem. The ADA states that a qualifying disability is one which "substantially limits" major life activities. The word "subs…
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You can only do so much and if you can't depend on supervisors and managers to keep you informed (lots of us are in that boat)they will pay the price when an absence that wasn't counted against FMLA lengthens the time that an employee is off during …
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Similar to Renie, however, we don't count 3-5 day absenses for the flue against FMLA. That decision was based on the amount of paperwork it would create measured against the probability of not doing so creating other problems. I don't think that w…
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Yeah. This is one where you just do it.
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Re. California - your comment about 90% of employees taking the full 12 weeks after birth is interesting. That can happen because we have a separate family leave law which provides that it cannot run concurrently with pregnancy leave. In all the y…
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In this case the EEOC will ask for all the files because they are relevant to determining whether or not there is a pattern of retaliation. In most cases, the EEOC or state agencies are open to discusssions about what is relevant and what is not a…
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No, he's working, right? He may not be doing everything that he would be doing if on site, attending boring meetings all day, etc. but he is getting his job done, so the sickness is irrelevant. If he has an accident on the way back to the work sit…
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For those of you with employees in California, FMLA can be run concurrently with Pregnancy Leave as described. The California Family Rights Act (our state family leave) cannot. It is possible to have an employee on pregnancy leave until that (and …
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[font size="1" color="#FF0000"]LAST EDITED ON 08-14-02 AT 11:51AM (CST)[/font][p]At least one because I testified in it as an expert witness for the plaintiff. The case was a wrongful termination case. The employee was terminated for violating atte…
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No. I think that the interests of positive employee relationships should take precedence. Whether it is FMLA or just time off (probably what I would do) it is the right thing to do.
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The trying to explain is the best approach, however, if that doesn't work you should think before you become more aggressive. If the supervisors are uncooperative in this area, what other areas are going to be problems for you? Especially if you a…
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I think that counsel will say that it is a violation of FMLA. Violations aside, what kind of message does this send to employees? To get whacked when one is legitimatly ill won't add to a positive relationship between the employee and the employer…