HRLASS
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We have an FMLA policy, operating procedures and forms online for employees. As a member of our in-house legal department, I have also written FAQs on the FMLA, FLSA, workplace violence and harassment and retaliation for an internal "LawCheck" websi…
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"Health care provider" under the FMLA is defined at 29 CFR 825.118. The definition includes in relevant part - "doctor of medicine or osteopathy" and "any other person determined by the Secretary to be capable of providing health care services." Acc…
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I agree for the same reason I stated that I prefer not to deal even with ADA qualifying disabilities using the term "reasonable accommodation". Either "reasonable accommodation" or "business necessity" will give attorneys billable hours, but if you …
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[font size="1" color="#FF0000"]LAST EDITED ON 07-11-05 AT 01:54PM (CST)[/font][br][br]I think "broad-brushed, although safe assumption" covers my point and I agree with the rest of what you said (including correcting my spelling of "persuasion" with…
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I agree with you. (Surprise!) However, defense attorneys rarely do and judges and juries need considerable persuasion.
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I, too, agree that you have bent over backwards to accommodate, but possibly too far. Re Employee #1: The 6hr day sounds like it might be considered a reasonable accommodation on the basis you stated, even if inconvenient, unless you can prove a har…
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I would do what I can to hold out for talking to the employee directly - you run too big a risk for things to be reported as interpreted than as stated and creating more problems versus solving them. At least have the employee present with the relat…
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These situations are difficult. I suggest requesting "clarification" from the physician. Send either fitness for duty or FMLA/DOL form with copy of job description including on-call. (Is on-call an essential function of the job?) Then request SIGN…
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Judy - Generally the statutes of limitations is according to state law, so you will need to see what the law is in Louisiana. Yes, it is important. We have changed our policies to reflect the legal reporting time in New Mexico, which is 15 days, …
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29 CFR 825.110(c) states "Whether an employee has worked the minimum 1,250 hours of service is determined according to the principles established under the Fair Labor Standards Act (FLSA) for determining compensable hours of work (see 29 CFR 785). …
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If rotation is an essential function (and I believe it can be), then to eliminate or limit the rotation (which will impact the jobs of others) would not be a required accommodation. You should look at light duty carefully also, when working with an…
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We are fairly strict in our policies and communications that if an employee has a work-related injury, they must report it on a timely basis; go to our WC physicians; and any related treatments must be authorized in order to be paid. If out of town…
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Congratulations, Don! Great job and sounds like you saved an employee - in more ways than one. I think it's a good policy to make a personal call to the employee and/or family/friend/emergency contact if the employee can't be reached after no call …
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I vote for the three day requirement. Lots of folks have dental surgery and don't feel like filling the prescription for painkillers for the few days following the surgery. I would say "no" to the FMLA coverage.
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Gotcha
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You are patient. Back to your original post, I think you can ask for additional certification. If her FMLA leave has expired, you can ask for a return to work certification which should state any restrictions, hopefully including occasional unpred…
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I checked the EEOC "Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the [ADA]" as revised in 2002, and modifying a workplace policy is listed as a reasonable accommodation. "In some instances, an employer's refusal to modify…
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Supplement... Reassignment is considered a reasonable accommodation under the ADA after all other efforts to reasonably accommodate have failed. Any job you reassign her to must be a legitimately vacant position, and if she is qualified, she would n…
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Actually, adjusting your attendance policy for someone who qualifies as disabled under the ADA IS considered a reasonable accommodation. Additional leave beyond the FMLA period can be considered a reasonable accommodation if the periods are defined…
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I agree with Don. We have been having learning in process for the last year with an unfortunate work accident and a good employee who really wants to come back to work, and we almost have him here. It is very case by case, but we learned that we h…
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Many of our supervisors don't file FMLA paperwork if the dr says the employee will be back in a week or less. Company policy says file it for two reasons: 1) complications happen and recovery periods differ for different people, and 2) start the clo…
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Thanks. I haven't found anything in the FMLA either. What I was also wondering was if anyone knew about any IRS regulations re employer-provided educational assistance that referred to the FMLA.
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What happened to the FMLA in this mess? Was the employee eligible for it? Had he already used his time? Would he qualify as a "key" employee or just a needed position? Did you notify him that he was eligible for FMLA? FMLA means job protection an…
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He'll understand if he gets fined or shut down. A good whopping litigation might help! $$$
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To take Don's reply just a bit further... Qualifying for SS disability can take considerable proof and if he has any doctors who say he is fit to work, he probably won't qualify. However, you will qualify for additional problems. In additional to …
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I don't believe you mentioned whether this employee drives at all for his job. If he does or if you qualify as an employer subject to DOT rules, have another look at them. You may still have problems. We are a DOT employer and we do allow a secon…
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As an additional comment, when I read the notice in the legal news, they noted that the reason for the increase, effective for the last four months of 2005, is due to gas price increases. It was also noted that the mileage reimbursement rate for 20…
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We pay supplemental pay for six months unless the military pay is higher, as noted in a previous post. We maintain health insurance (and deduct employee portion from supplemental wages) for a year.
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Welcome to the Forum! Is the employee still in their introductory period? If he doesn't qualify for FMLA, he has no job protection. He can be terminated. Even the ADA does not require you to provide unlimited/indeterminate leave and hold a job. Goo…
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Unfortunately too many managers are uncomfortable dealing with people to start with. When it comes to terminations, some can take a bad or awkward situation and be unnecessarily rude or insensitive and that's when folks who normally wouldn't, go hom…