HR in Okla
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We are also a health care facility. We require CPR/First Aide for all staff and paid a trainer to do it on-site monthly. We required employees to pay back $25 (the cost of the trainer per person) if they scheduled training, but didn't show up, unl…
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Noticed you are also in Okla. I called OK DOL when our company went direct deposit. DOL said you can't mandate current employees to sign up, so we wound up with two or three hold-outs that get live checks. DOl did say that direct deposit could be …
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A certificate of mailing is cheaper than certified or registered. The law just requires it be mailed first class, and the certificate of mailing proves you mailed it. You don't have to prove they received it. I thought the 14 days to send the noti…
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I attended the Okla. Employer's Council meeting this morning where our speaker was Leonard Court, an outstanding labor attorney. He reviewed some recent ADA cases and the news was basically good for employers. Based on what I learned this morning, …
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I'm betting if your state panel and EEOC both said "no cause" you have done okay. I can't imagine anyone continuing to push it farther or a reputable attorney taking it. Even if she had told you that she was disabled earlier, surely you can make …
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Thanks, that's good to know. In Okla. we have "Certified Workplace Medical Plans." They are a managed care plan for WC, which we utilize. There is a case manager working with the doctor etc, so it's hard to know just when or how to participate in…
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Since posting this, I did a lot of research on OK work comp and unemployment law. In some of the unemployment material, it specifically says that a person may not draw unemployment while receiving TTD. So that answered that. To answer the last po…
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Thanks for your reply. I consulted with the WC adjustor, who also said she was not likely to qualify back to July. This is a person who has "milked" the system as far as she can and has now turned to a new venue. She'll be getting a settlement fro…
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Are you saying this was a planned RIF or elimination of his position? Did he know this before filing the WC claim? Maybe if you clarify this, we'll get some of our WC gurus involved in discussion.
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Thanks lots, that's what I needed to know.
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My safety committee is working on auditing all our MSDS information. Cleaning supplies and such are the most frequently encountered chemical for our staff. I know that MSDS sheets are required because of the "Right-to-Know" regulations. We have…
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I'm not a WC expert either, but I have done exactly what irenesmsaclaims said on two occasions. Most recently I had a person who was two weeks from FMLA qualifying and brought a doctor's note saying she needed to be off a month. I put her on Perso…
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I'd be interested in a discussion of Okla. Work Comp issues if you get any feedback. We don't have a written light-duty policy per se, but we do provide light duty in order to keep people from sitting on the couch at home listening to the lawyers o…
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Thanks, great answer. Makes sense that you would update the year it occurred. I appreciate the help.
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Thanks for that info. What would you do if they were still off or on restricted duty on Jan. 31 when you were ready to post the log?
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Thanks for the good info. from everyone. I have been reluctant to pursue any questions about WC history, but now feel better about asking those POST-offer questions. Will check EEOC website too. Balloonman, want to share that questionnaire you …
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Our app does contain a question asking: "Can you perform the duties of this job with or without accomodation?" That's all I ever ask. When we check the work comp record post-offer and discover a history of multiple claims or claims that are recen…
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I believe you can require them to schedule appointments after work hours, but that is often impossible. We pay for the time for therapy etc. as an employee relations measure. Letting the employee know you care about their well-being and want to do…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-08-04 AT 09:09AM (CST)[/font][br][br]This might be one to call DOL about. Ask them if DOL considers these persons "employees" as defined by law.
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To HRQ, check out the internet for info on Fibromyalgia. I had an employee with it and learned that is considered an ADA protected condition. My employee made full use of FMLA, usually taking off 12 weeks every year. I think HRQ has made a really …
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Sounded like a statement from someone who didn't read it rather than someone who didn't know what to do with it. I actually think it was an office staff member, not the doctor, who waved it around and acted like it was something written in ancient …
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The highest I've heard in Okla. City was $50 and I thought that was outrageous. I get some short notes on prescription pads that say "needs to be off for surgery until such and such date, etc." I accept those because people tell me that give their…
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I use the DOL forms mentioned, but also give them a copy of our FMLA policy. I send or give them all of it with a cover letter that basically explains their rights in plain language. It ends by saying that "The purpose of my letter is to assure yo…
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There have been several recent discussions on this topic and a recent case. Search "moonlighting and fmla" on the forum. Apparently courts have ruled it is okay to work other jobs while on fmla from yours!
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[font size="1" color="#FF0000"]LAST EDITED ON 08-13-03 AT 09:10AM (CST)[/font][p]I'm not disagreeing with your policy or following it, but I feel certain I have read about recent court decisions upholding an employee's right to work another job when…
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Good point, states do vary on it. No problem in OK with requiring they use it concurrently.
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I agree. Your policy should be in writing. That's the main thing, have a written policy and stick to it. I worked one place that required them to use vacation or sick leave first, but it makes a lot more sense to allow a TOTAL of 12 weeks than to …
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I see potential problems with designating someone's time off with a cold or something minor as FMLA. What if they develop a serious condition later, but you've "taken" a portion of their 12 weeks away? As for annual leave, if you're referring to p…
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Thanks Linda and Don. Your advice doesn't come as any surprise to me. I just can't convince the employee that authorization to remain in the U.S. and authorization to be legally employed may not be exactly the same.
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Don, I talked with her today and she insists that her attorney says with "indefinite asylee status" she doesn't need to renew her work authorization unless she just wants spend money to "please" her employer. This is like being between a rock and a…