HRinFL
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Send the certification paperwork to the ee when you draft the letter asking him to contact you. That way, you can start the FMLA clock a tickin'. Additionally, we hold our ees to the fifteen day time limit for the paperwork to be submitted and app…
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Are you setting yourself up? It depends, but you can probably expect a claim. The key is that you have documented your decision to eliminate second shift. Can you show the steps taken to arrive at that decision. RIFs are always tricky and you ha…
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I would be leery of calling it a pre-employment physical because it could lead to ADA issues. I would look at it as a fitness for duty assessment, after a conditional offer of employment was made. Make the offer contingent on meeting the physical …
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[font size="1" color="#FF0000"]LAST EDITED ON 09-20-05 AT 09:40AM (CST)[/font][br][br]I agree with The Don. Being ignorant of TX W/C laws, are you running FMLA concurrently with W/C (I don't even know if TX allows this)? If you can, follow your FM…
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We do not approve the leave if the ee does not return the documentation within the fifteen day time period. This starts when the ee receives the paperwork and is calendar days, not scheduled work days. So, for us, it would not be marked as FMLA, t…
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She can ask whenever she wants the paperwork, you just need to be consistent now with the fifteen day time limit for her to return the documentation. If she turns it in late, deny it again. If it does not meet the requirements, deny it. I can't th…
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I agree with The Don. The ee can inquire about FMLA anytime, they have a responsibility to provide you with the documentation supporting the need for the leave. Follow the guidelines, keep denying until the documentation satisfies the requirements…
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Marc makes several good points, as always. Mental health diseases can definitely rise to the level of protection under the ADA. Most times, these are not readily apparent because the ee is taking his or her medication. Unfortunately, most people …
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I agree with The Don that attending depositions is very beneficial. It gives you alot of information. How dedicated to the claim is the plaintiff? How dedicated is the plaintiff's attorney? It lets you evaluated the performance of your attorney.…
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Since you are in NY, there is probably a state law that you need to look into to see if the ee has any protection similar to FMLA (Whatever and ray a?). Having said that, if there are no state requirements, you can discharge since the er does not f…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-22-05 AT 08:18AM (CST)[/font][br][br]We use it in our retail environment. It is easy to use (pull it out of the wrapper, place it between your teeth and gum, after the time is up, seal it up and send…
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I would hold it and fill it on a temp basis. While he is saying now that he cannot do the job, I took from your original post that he was saying I want FMLA, I won't be able to do my job when I get back, but you better have something for me. I may…
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I would only look at the accommodation issue if the ee raises it. I don't want to be responsible for perceiving anyone as disabled and have to deal with the ADA issues. If he approaches you about an accommodation, then discuss it and determine if …
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[font size="1" color="#FF0000"]LAST EDITED ON 06-21-05 AT 10:55AM (CST)[/font][br][br]I would hold his job for the 12 weeks. No reason to give him any ammo if something happens during the time he is out. I don't think that you can have someone sig…
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Continuing with The Don's advice, I would ask for any questions in writing. This gives you time to review questions and not be put on the spot answering off the cuff. You could even answer in writing, that way you have documentation of what was as…
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FMLA grants 12 weeks of protected leave over a 12 month period. Your description is a rolling 12 months, so yes, she would be able to regain FMLA time week by week. HOwever, it is not when she returns, rather it is from the date her FMLA began. S…
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The way I see it, the policy gives 26 weeks before something bad happens, you are no longer eligible for benefits, then in 52 weeks, you are no longer employed. FMLA gives protection for ees that need tme off for a qualifying reason. How can you c…
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The time spent on FMLA cannot count toward your attendance policy. Take those weeks out of the equation and from the date the leave expired, or the ee was given authorization to return to work and failed to do so, you can count that toward your pol…
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Don't address the intermittent leave, it only opens the door that you are counting it against the ee. Base ratings and comments on the ee's performance while they are at work - leave everything else alone!
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Don, I agree that this is not an issue that fits nicely into the box we want to put every situation into to analyze. I think the fact that the "little red flag in your head" went up is enough to stay the termination at this time. From your descrip…
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You do not meet the requirements for FMLA, but check your state laws to see if there is a state specific law that you may be required to recognize.
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I would not jump to the ADA conclusion right away. There does not have to be an ADA issue to confirm that the Rx is causing his to fall asleep. Tell the ee that if it is his Rx making him drowsy, he needs to talk to his doctor to see if there are …
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I agree with The Don and Geno. You should pay the co-paya and turn it in the your W/C carrier. The Don is right that the claim will probably be denied initially, depending on what the treating physician put in his or her notes. I would send her t…
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You give them the form and have the Dr. complete it so you can determine if the reason for the request is an FMLA qualifying event. Without this stipulation, there would be no way to stop the abuse. I can't imagine trying to track intermittent FML…
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Ditto!
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[font size="1" color="#FF0000"]LAST EDITED ON 04-21-05 AT 04:45PM (CST)[/font][br][br]I agree with Linda, we have a similar policy. I also noticed that you give 26 weeks, but the ee has not exhausted that time. Why would you have that provision if…
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I agree with Popeye. Since the ees had not kept up with the premium, has not provided any documentation to show he is either eligible to return to work or has reached MMI, I would terminate, and THEN send the COBRA letter.
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Why would you offer COBRA? Is the ee being separated? Has the ee continued to pay the insurance premium while oout on FMLA? I would think the only reason to offer COBRA is that the ee is not longer employed and therefore not elgible for coverage …
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I agree with SMace. The small cost of having an interpreter for training will not amount to an "undue harship" for most companies. We recently hired a deaf ee as clerical support for our office and had an interpreter present for the first week and…
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The ee only gets up to twelve weeks per year, so it would be together. Is the doctor's note for both, or is it for the daughter and the ee is wanting the time as the care giver? If it makes a difference for using paid time off during the leave, ma…