› ›

Hatchetman

About

Username
Hatchetman
Joined
Visits
0
Last Active
Roles
Guest, Member

Comments

  • If you have posted all the legal requirements about FMLA and employees are aware of their right to use it, then the employee is free to make whatever decision she wants to. Just becuase the employee said, "I am resignaing because of medical reasons"…
    in FMLA LEAVE NOT OFFERED Comment by Hatchetman July 2002
  • What you have is the technicality issue and what instructions you give employees at the time they call in for an illness and the employee's explanation. The employee is out Thursday an Friday from work...comes into work on Monday following. Saturd…
    in Sick on the weekend Comment by Hatchetman July 2002
  • Is this really FMLA leave? Or something else? There is no prohibition in gneeral about inquiring if the empllyee plans to return to work. You can identify that information had reached you that she was planning to quit and that since was on unpaid…
    in Terminate Before FMLA Ends? Comment by Hatchetman June 2002
  • It may sound supicious, but a lot depends on exactly what the doctor says. The issue under FMLA is whether or not the employee has a serious health condition that prevents her from working in her job, which technically is descirbed by FMLA as "a pe…
    in An unusual FMLA request Comment by Hatchetman June 2002
  • I'm not quite sure what the FMLA status of the employee will be when she returns to work after having gone out on FMLA next time. When she returns will she be on FMLA reduced leave (in other words, she's a full time employee, but her medical condit…
    in Fmla & Exempt employee Comment by Hatchetman June 2002
  • You can require that the employee provide reasonable documentation to show that the child is being PLACED with the employee for adoption or foster care purposes. This could be court papers or written verification from the adoption agency. You wou…
    in FMLA when adopting a child Comment by Hatchetman May 2002
  • I've heard of that decision. Over the years, I've seen similar labor arbitration and state court decisions when issues of medical leave arise at one job while the employee works another. Nothing is really new in the federal decision except now i…
    in Terminating FMLA Moonlighters Comment by Hatchetman July 2002
  • Under FMLA, if at least a 30-day notice for FMLA leave is not forseeable because of a medical condition inlcuding planned medical treatment, then the employee needs to give as much notce of the need to the emplyer as practicable. So, if the 30 day n…
    in FMLA & elective surgery timing Comment by Hatchetman May 2002
  • I just got back from a seance where I got a full explanation from Albert Einstein. He said trying to figure out the difference was harder than trying to develop proof for the Unified Filed Theory" but this is what he said. I translate from the Germ…
    in Defining The 12 Month Period Comment by Hatchetman May 2002
  • State and local governments are automatically covered under FMLA. But the criteria related the employee having the qualifying conditions and employment time and the employer having 50 employees witin 75 miles of each other still applies.
    in FMLA and municipalities Comment by Hatchetman April 2002
  • If the child's doctor can certifiy that the child has an ongoing serious health problem that requires the employee to care for the child (including providing psychological comfort, or taking the child for doctor visits or treatment), then FMLA could…
    in Intermittent FMLA for care of sick child Comment by Hatchetman January 2002
  • California's law (Family Rights Act) which covers medical leaves also provides that it is the employer's right to designate qualifying leave as FMLA/FRA.
    in Employer Forces Designation of FMLA Leave Comment by Hatchetman December 2001
  • Take a look at your state laws. For example in California, pregnancy disaiblity leave is a separate leave from FMLA/CFRA and thus doesn't count against the FMLA leave of 12 weeks. Your state may have a similar situation. Otherwise, if the 12 we…
    in FMLA-Pregnancy Comment by Hatchetman November 2001
  • [font size="1" color="#FF0000"]LAST EDITED ON 09-14-01 AT 01:37PM (CST)[/font][p]The question you are asking relates to calculating the 1,250 hours of "work" in the previous 12 months to determine if the empllyee qualifies for FMLA, right? FMLA us…
    in What constitutes "hours worked" for FMLA eligibility? Comment by Hatchetman September 2001
  • I assume you're asking if the employee's intermittent absences under FMLA can be held against her because they impact production? Leave under FMLA is not to be counted against the employee since it is a legal right "protected" by that law. You are…
    in Intermittent FMLA & Performance Comment by Hatchetman August 2001
  • The federal regulations regarding FMLA and other federal employment laws (FLSA, e.g.) are found in the Code of Federal Regulations, volume 29. You can access Title 29 at the DOL website or go to [url]http://www.access.gpo.gov/nara/cfr/[/url] and do…
    in You don't understand - they don't want FMLA Comment by Hatchetman January 2002
  • Elizabeth, I noticed you said "you're a city." I assume you mean that you work for a city. If that is the case, your city code or ordinances problably have a provision that says that any payout of city funds must be authorized or approved by the a…
    in You don't understand - they don't want FMLA Comment by Hatchetman August 2001
  • No. An exempt employee's intermittent or reduced FMLA leave for his or her own serious health condition or of a qualified family member who needs "care" or psychological comfort and support by the employee is permitted without affecting the exempt …
    in FMLA Intermittant Leave for Exempt Employees Comment by Hatchetman May 2001
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-10-01 AT 02:00PM (CST)[/font][p]Let me understand...the employee's child has a "serious health condition" caused by fever which in turn is caused by flu and teething (in this case, what causes the fe…
    in FMLA & Daycare Comment by Hatchetman May 2001
  • Ye. We do. I administer and score the typing test. And I'm a stickler for correct typing. Nothing gets by me at awl.
    in Keyboard Testing (typing) Comment by Hatchetman July 2004
  • Diabetes has been held to be a disability under ADA. But whether it rises to a disaiblity for this emplyee has to be determined thourgh the interactive process. If management knew she wa a disabetic, the issue of whether it would have been a reaosn…
    in Grievance Issue - Saga Continues! Comment by Hatchetman July 2004
  • FLSA permits your company to do what it is doing for the exempts who are salaried. However, check your state wage and hour laws don't prohibit you from charging an accrued time bank without the employee's request, approval or concurence (or it has a…
    in Paid Time Off & Salaried Employees Comment by Hatchetman June 2004
  • [font size="1" color="#FF0000"]LAST EDITED ON 07-02-04 AT 01:29PM (CST)[/font][br][br]Treat it as disrespect toward the superivsor not as a traditional act of insubordination-- a refusal to follow instructions. Disrespect to a supervisor is often se…
    in Grievance Issue - Your thoughts Comment by Hatchetman July 2004
  • I had to stop subcribing to California Emoloyment Law Letter a year or so ago after about 12 years subscring to Califorina Labor Law Letter which merged with California Employment Law Letter about 5 years ago. I was paying for the subscription pers…
    in Employers Forum: Big change coming Comment by Hatchetman June 2004
  • Well, you certainly may keep them with allocted PTO and sick time. I assume yo let emplyees carry over unused PTO ad sick time tosubsequent (and you may even have a "cap" on total time allowed on the books). And you certainly in most states requir…
    in Accrued PTO and Sick Comment by Hatchetman June 2004
  • I agree with Gillian and th eothers. If there is partiuclar difficult or legthy extra effort you probably want to reward it in some manner. Comp time is okay at hour for hour for equivalnet of a full day for very increment of a full day worked are…
    in Should we pay an exempt more for extra work Comment by Hatchetman June 2004
  • [font size="1" color="#FF0000"]LAST EDITED ON 06-21-04 AT 10:15PM (CST)[/font][br][br]My guess is that the company would probably try to contact the 20 year employee and then see what should be done. This type of situation of x number of consecutiv…
    in excessive absenteeism Comment by Hatchetman June 2004
  • [font size="1" color="#FF0000"]LAST EDITED ON 06-19-04 AT 02:06PM (CST)[/font][br][br]If you want impose a one-size fits all policy for anything you may. There is no prohibition on that. Just as there is no prohibition into taking lenth of service…
    in excessive absenteeism Comment by Hatchetman June 2004
  • Don, I'm really not interested in your dollar so you can finally get off that dime. What Jake and I are takking about are outside considerations of Title VII (and other civil rights laws discrimination). There's nothing inconsistent with length of…
    in excessive absenteeism Comment by Hatchetman June 2004
  • There is no writen law or any court case that specifically orders all employers to consider x, y, and z when discharging an emplyer. In at will, of course, an employer is essentially free to do anything. Essentally free. But not really. Wrongful …
    in excessive absenteeism Comment by Hatchetman June 2004