HRinFL
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I agree with The Don. In my former life, I was in Distribution. We required ees wear steel toed shoes due to the operation of industrial equipment and the number of ees working at any given time. We had one ee that brought a doctor's note stating…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-01-05 AT 03:23PM (CST)[/font][br][br]I agree with The Don. Additionally, the DOL will take the position that if you believe an event is FMLA qualifying, you have a responsibility to initiate the proc…
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Welcome to the Forum! Post this under the FMLA section and you will elicit mor responses. FMLA grants protection for ees to take time off for certain situations. It does not dictate to er how to address compensation during an ee's FMLA absence.…
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I would send the FMLA paperwork to the ee and have the doctor complete it. I would believe that even though this is considered an "elective" procedure, that it would qualify under FMLA. I would then start the clock. Still pay the ee the vacation …
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I agree with POPEYE, if you hold all ees to this standard, you can require this from ees on FMLA. I would suggest in your attendance policy that you define a time limit for ees to call in before the start of their shift, if it is not already ther…
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I am leaving early for a School Advisory Committee meeting at my son's school today. I will send this to you tomorrow. Glad I could help!
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I sent you an email to your forum address. If you send me a fax number, I will send it to you, unfortunately, the form is not maintained electronically.
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Don and POPEYE have given you good advice. There are not very many ways to reduce the administrative functions for FMLA, so you have to develop a system that allows you to use your supervisors to alert you of possible FMLA situations with their ees…
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You cannot force the ee to take a LOA. However, you can address the performance issue. If the ee is not able to perform the essential functions of his or her position, sit down and discuss it with them. Explain that there are performance concerns…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-22-05 AT 07:57PM (CST)[/font][br][br]As you said during the infamous union thread, nothing personal, it just is scary agreeing with you all the time. Makes life interesting to spark a stiff debate ev…
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Again, I agree with The Don. The ee has an opinion, right or wrog, that they are entitled to some form of leave, whatever it is. This is based on the company;s actions in the past. To change the "practice" of granting the leave without first comm…
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Gillian3 raises a good point, but I agree with The Don. While it appears that FMLA is not applicable in your situation, so you would have that as a defense against any claim that you denied the ee this benefit, any changes in a company's policies a…
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I don't think you can make a determination based on the information from the Dr. Send the form back to the doctor with a letter explaining what you need him/her to complete (ie whether the ee is unable to perform work of any kind, frequency of Dr. …
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You are correct that during intermittent leave, an ee may be transferred to an alternate position that complies with the restrictions of the ee resulting from his or her injury/illness. However, you do not have to create a position for the ee. If …
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First, take off the caps lock, it makes your entry harder to read, plus, it makes it appear you are yelling at us. Secondly, this is an area of the forum that is not commonly used, you need to post this under the FMLA or the Employment Law section.…
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Once the ee exceeds the $1k mark and it is turned over to your carrier, do you have a specific doctor or clinic that you use to treat/diagnose work related injuries? If so, I would follow PORK's advice, do what you need to do to show that the $1k l…
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I would just send a ltter to her via certified mail saying that you have just learned that she has been out of work due to a broken leg and am sending her the FMLA paperwork to have her doctor complete and return. Give her a date fifteen days out t…
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They have made exception in the past is new information that to me, would be troublesome. What is different about this ee that they do not want to make an exception for her? I would explain that because they have made past exceptions, if they move…
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I don't know of anything specifically saying that you cannot do this, but I would not recommend it. I would wait until the leave expired to post the position just to eliminate any possibility of a misunderstanding about the company's intentions or …
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Yep. Same as a sales rep getting in a car accident while driving to meet with clients. The injury occurred while the ee was performing work; therefore, it is a compensable injury.
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This is not an FMLA issue, eve though the ee is covered under FMLA. The issue would be FMLA if she was out on an approved leave, was "up" for the next promotion, or had interviewed and was selected for the position, while on this leave. Then the ee…
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I agree with Marc. Does your company have a defined leave for ees that do meet the eligibility requirements for FMLA? If so, you could use that designated leave to cover the gap until she meets FMLA elgibility.
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The first day she was out do to the FMLA qualifying reason. I would count from the Wednesday she was out. Are you sure it is a wualifying reason? Send the paperwork and see what the Dr. says before you apply the absences to FMLA.
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I agree with The Don, ees cannot use FMLA as a way to circumvent discipline. You are addressing the ees behavior and can terminate. One a side note, alcoholism is protected by the ADA, but only someone that is an alcoholic but is not drinking curr…
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I would think that if an ee was positive for a post accident D/S that you have your proof that it was the proximate cause. I am not a W/C expert, we have a separate Risk Management dept., but I know that if there is an accident resulting in an inju…
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I believe that this should be covered under FMLA because this is not always an elective surgery, but can also be a preventitive measure. While I am not sure of the ee's medical history or health, this is normally a procedure that is only performed …
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I agree with Don, unless you made ees aware of the change, you are in a jam. Whenever you change a policy, make it known and make it known in writing, that way you have something that shows that the changes were, when the changes were made, and wha…
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What does your attendance policy state? Do you excuse absences where ees provide a valid Dr.'s note? Have you required other ees to provide a Dr.'s note whenever they have an appointment? How drastic is the reduction of hours? Maybe a little mor…
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I think you are right, but for the sake of playing devil's advocate, I believe that it could depend on how the company views the ee. We have a short-term rehire policy, where we consider ees that have resigned and then are rehired within a certain …
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Send her a certifierd letter explaining the leave was approved with the understanding she was applying for the state PFL. Tell her she has five days (or a timeframe you think is reasonable) from receipt of the letter to show that she has applied fo…