Hatchetman
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NLRB may have a position on this issue. Remember, a union representing the employee is the exclusive bargaining agent for all employees under a contract. Thus, it is possible that the union may need to be consulted if there would be a change int…
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Remember, under intermittent FMLA, you may reassign the emplyee to an equialvent job with same pay and same level of duties, if letting her stay on the current job wold cause problems.
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I agree with Don's caring and reasonable approach.
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[font size="1" color="#FF0000"]LAST EDITED ON 06-07-04 AT 07:35PM (CST)[/font][br][br]Contact him -- by phone call and/or letter. Talk to him about his FMLA expiring on x date and that he needs to return to work at that time if not sooner, with a r…
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You asked quite a lot in your last question. Remember, FMLA is for leave purposes. ADa is for accommodating on the job an emplyee who is disabled under ADA in order for the emplyee to be able to perform the essential duties of the job. Leave coul…
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There is no magic formula here. Excessive absence issues are more than just numbers at a particular point of time. They get down to case by case considerations and include the impact the absences are having on the company and its operations as wel…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-11-04 AT 01:31PM (CST)[/font][br][br]I don't disagree with the others. It is best to have a consistnet practice in requiring doctor's statements. But remember, you don't need a consistent practice a…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-05-04 AT 08:29PM (CST)[/font][br][br]Wouldn't the refusal of the company to wait 45 days to implement the resignation, but instead to terminate at the end of two weeks be a discharge and not a volunta…
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Under federal FMLA, if the employee qualifies for leave under FMLA, the employer may designate it as such even if the employee does not want to claim FMLA (thus the employer can toll the 12 weeks, assuming the qualifying conditions are met). Furthe…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-25-03 AT 03:05PM (CST)[/font][p]Have you put him under FMLA now? With FMLA he would be entitled to return to the same position, assuming he is able to perform the duties of the job. If you couldn't …
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You're only recourse is to seek a second opinion if you think the doctor's diagnois isn't accurate. But you should have done that earlier, boefore she left on the trip. Ignore the cruise.
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Ifyour policy states "emplyees don't accrue leave or receive paid hoidays while they are on UNPAID leave" and this employee is on paid leave at the time the 4th comes along, then it seems to me, she receives the accrued holiday time (or the paid hol…
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Ask yourself this: If this employee were going to church every day to fervently pray for a few hours that his child got better, would you be raising the same question?
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[font size="1" color="#FF0000"]LAST EDITED ON 06-21-03 AT 11:11PM (CST)[/font][p]Are you saying the child is ill and needs the employee, a parent, at home for care? You should have a dcotor's statement identifying that serious health condition of t…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-17-03 AT 02:25PM (CST)[/font][p]Check our your state law as well. In --- where else -- California, IF an emplyer has accrued paid sick time for its employees, it must allow an employee to use, if and …
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Regarding FMLA, no you can't because you haven't established that he has a serious health condition or would meet one of the criteria for intermittent or reduced FMLA leave. What you want to do is have the CEO or whoever supervises this executive…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-19-02 AT 07:32PM (CST)[/font][p]Why don't you reverse it? Rather than deducting time while he is on reduced FMLA leave, pay him hourly for the time he does work. If you don't have any idea of how ma…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-25-02 AT 09:16AM (CST)[/font][p]I suspect that there is no definitive FMLA answer for you other than what may be the right of any individual to have an attorney present during any physical examination…
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If you're saying it's an essential funciton, you shouldn't be deleting it from the responsibilities of any employee who does the job. If she is disabled and needs reasonable accommodation to do "calibrate", that's different--but she still needs to …
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[font size="1" color="#FF0000"]LAST EDITED ON 09-16-02 AT 03:58PM (CST)[/font][p]Yes, FMLA can be taken for doctor's appointments to diagnose a serious medical condition. See the Code of Federal Regulations 29CFRCFR825.114(b) [url]http://frwebgate…
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[font size="1" color="#FF0000"]LAST EDITED ON 09-09-02 AT 04:10PM (CST)[/font][p]Don, don't be so quick to rule out ADA simply on the basis that she can't do essential functions NOW, with or without reasonable accommodation. Assuming she is ADA qu…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-28-02 AT 02:09PM (CST)[/font][p]If she is out under FMLA due to her own serious health condition for the one week, you don't have the unilateral ability to place her on "reduced FMLA leave." The law …
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Hsve him show you the legal basis for EEOC's authority to investigate the FMLA retaliation claim. FMLA clearly gives that authority to DOL. EEOC has no authority as best as I can determine. I would certsinly talk to your legal advisor on this in …
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FMLA is not within the authority of EEOC. It's the Wage and Hour Division of DOL. If there's a claim of retaliation for requesting or using FMLA then that also would be with DOL/WHD. EEOC would handle an ADA claim though and it would perhaps hand…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-19-02 AT 04:55PM (CST)[/font][p]Firstly, the US Office of Personnel Management handles federal employees, much in the same what that your HR office handles you and your co-workers. It is not the reug…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-13-02 AT 05:52PM (CST)[/font][p]She is entitled to the same job or an equivalent job to the one she had before she went on FMLA leave. The fact that she would normally have worked evenings doens't me…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-05-02 AT 05:34PM (CST)[/font][p]Pat, I understand your basic question, given the situation you described, as something like, "Is the employee entitled to restoration to the same position he held when …
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No. If you grant leave now before she is eligible to FMLA, then you are doing it under your own policy and not FMLA requirements. Thus, if at the end of one year, after accounting for the 1,250 hours of work, if she qualifies for FMLA, and needs …
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[font size="1" color="#FF0000"]LAST EDITED ON 07-26-02 AT 01:40PM (CST)[/font][p]The way I read (d)(4) is that unpaid FMLA does not get credited as service time for the purposes of determining eligibility to benefits under a pension or retirement pl…
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Don't bother with trying to get the publication. You can access the regulation on the web. Try this link [url]http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=29&PART=825&SECTION=215&YEAR=1998&TYPE=TEXT[/url] or try the…