HRinFL
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I agree, follow your policy for attendance and tell the manager it is okay to make employment decisions based on the ee's actions. You are not making the decision because the ee had a work place injury. Take away the injury and light duty status -…
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First, what happened to the GM for not completing the proper paperwork for a work-related injury? If the carrier has recognized that the injury is compensable, the ee will be eligible for W/C benefits. I would imagine that if the carrier denies th…
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I think you can look at it from two perspectives. The first, the ee clearly does not have any intent to return; therefore, you do not have any liability to place him on FMLA. Currently on FMLA or not, since there is no intent to return to work, I …
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If the granddaugher does not live with the ee and he is not primarily responsible for her care, he does not qualify. I think you showed a willingness to work with the ee by discussing alternatives. I do not think the fact his daughter does not lik…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-11-05 AT 04:55PM (CST)[/font][br][br]Has he provided any medical documentation supporting his condition, or is he like Pig Pen from Charlie Brown and just likes to be dirty. I would require proof tha…
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I agree wth Don, those that know how to work the system are always going to find a loophole. As The Don stated, start the clock and track each absence. If theya re oout and say it is due to their "condition" make sure that it is accurately recorde…
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I'm not sure, but I think that caring for a newborn allows the parent time off under FMLA for up to the first year. Would you deny the request for a female ee? I would check to make sure that you have not allowed any ee intermittent leave for the …
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I agree with Don. I believe that coverage is exended to parents, grandparents, etc. where the ee is the primary caregiver, when the family member lives with the ee, etc. I would err on the side of caution, if she is trying to gain custody of her s…
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I agree with the others that there is no harm with classifying it as FMLA - that is definitely playing it safe. However, for the sake of playing devil's advocate, I think you would be fine not classifying it as FMLA as well. What is your attendanc…
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I agree with stilldazed. How you determine if the ee can perfrom transitional duty if you do not know the extent of the injury or any restrictions. I would require the ee see the physician used by your facility for OTJ injuries. Addressing your c…
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You can always seek another opinion as well. If you do, make sure the Dr. gets all of the ees medical files. When they are playing the system, they normally mess up because they get their story mixed up and tell the second physician something diff…
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I agree. Having a clear and well distributed policy that is consistently followed is the strongest argument an employer has. In FL, an associate that is perceived/known to have suffered a W/C injury is entitled to protection (PLA). They have up t…
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I am a new Forumite and new to the Newsletter. I work for a large retail complany in FL which divides the many different functions of HR into separate sub-departments. I deal primarily with employment law (i.e. charges, litigation, etc.). I look …
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I would not discipline for the comments, they are protected legal activity (PLA). If your policy does not address instant messaging (it probably doesn't since you just started allowing this), I would add wording to the policy that it is for busines…
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I have several friends that work for the same company I do. I was friends with some prior to gaining employment here, some I made once I started working. Many are friends that I had before I joined the HR department. I have had some call me since…
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Part of our company involves distribution and transportation. We have our own fleet and drivers. If a driver gets a DUI, regardless of the circumstances, and loses their CDL, we place them back in the warehouse. Their job class is changed to refl…
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I just spoke to a manager about bringing an ee back to work because they did not recognize that the absences that the ee was dicharged for qualified for FMLA. One of the arguments that the manager stated was that the ee did not miss more than three…
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EEOC (Title VII) is 300 days from the date the alleged adverse action occurred, in deferral states, 180 days in non-deferral states (like GA)to file a charge, then they have 90 days from the date the determination was mailed. 1981 claims are whatev…
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Not long ago, we changed our philosophy on compensation. Instead of it being a case of "if you stay here long enough, eventually you will reach the max for your position," we ties to to performance. It was a radical shift for us, because of the bu…
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I agree that if she is cleared without restrictions, you are basically scre***. Inaction in the beginning by not addressing the absences, etc. have led to a point where whatever action you take is going to be problematic, unless you return her to w…
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Without knowing if you have a policy for ees that are out of work for an extended period of time that do not qualify for FMLA (we have a leave that gives an ee up to 12 weeks for their OWN serious health condition as long as they have completed 90 d…
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My interpretation has always been if your exempt, your exempt. Whether I work 55 hours this week, or 35 hours this week, I am exempt, it does not matter, as long as I am meeting my deadlines and turning out good work product. I have taken the stan…
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Explain to the ee that if he cannot take call, he is at risk of losing his employment at least in the job he currently has. Since the ee has suggested that his insomnia is related to the medication he was prescribed, encourage HIM to discuss altern…
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Did his wife complete the hiring paperwork? Did she go through the hiring process. I think this is a bigger problem than just the manager circumventing the hiring process, which is a big problem to me. One issue is why the manager took the meters…
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If you are using the rolling calendar, in my experience, ees begin to regain FMLA time once they pass the date the leave began the previous year. So, once he went past 9/17/2005, he began to accrue FMLA time at the rate it was used last year. Also…
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We have a "probationary" period of ninety days. During that period of time, an ee is evaluated each thirty days. If performance doe snot meet expectation by the end of the 90 days, we terminate. Additionally, for some policies, such as attendance…
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We have a multitude of different areas in the company: retail, manufacturing, distributon, construction, etc. with 130,000 ees. We do an AAP for each area through our HR Diversity department. Not sure how many people work exclusively on the AAP, b…
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Why would the manager say that a customer complained? I can't understand why the manager did not just say that he had received a complaint from a female co-worker and leave it at that? This guy basically admitted to staring at women, although he p…
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I agree with Gene. There may be some language in the release he signed that bars him from re-employment. A review of the release will let you know if that is the case. Additionally, the employment history of this ee with your company is grounds e…
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Although all investigations are unique, I do have common questions I ask. I think before you do anything, you need to have a "base line" reading of the person before you start getting to the crux of the interview. I typically start with some small…