Irie
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The employee turned in a resignation for the end of June. Today she left with chest pains to go to the hospital. So if it is a serious health condition the FMLA will begin today until her resignation date at the end of June. On that date all bene…
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So come resignation date, employee is gone and benefits cease. If they become eligible for disability before their last day then the disability would cease on their last day of employment as well. The employee may have suffered a heart attack wh…
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Thanks Irene. That's what I did; approve it for just the one week.
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Unfortunately I was overriden by the PTB when it comes to using PTO first. They didn't think it was fair for an employee to use all of their PTO and then have no time left for vacation. So now the employee can use unpaid time for their own serio…
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OK. I understand that but the doctor is certifying the absence for just the one week that the employee missed work. If the employee comes back and works for two weeks then calls off work for four days wouldn't you need another certification? I'…
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I finally received the certification and again the doctor checked absence plus treatment. He also said the probable duration of the absence was one week, unknown for additional treatments, and cannot be determined at this time for future treatments…
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We do have a point-based attendance policy. I have accepted doctor's notes from employees if they are out more than three days and taking antibiotics. That would be for a one-time absence only and not for intermittent absences. I have not allow…
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Thank you for the information. We have needed second opinions for other situations (not FMLA related) and it was impossible to find a doctor who would perform the examination and render a second opinion. I am reading it as you are that an employ…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-13-08 AT 12:16PM (CST)[/font][br][br]Thank you for your input joannie. I have never sent anyone for a second opinion before since we never had a relationship with a particular doctor. We now have a …
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Yes. See page 4 of 4 on the medical certification form. It would fall under 2. (a) (2) Absence Plus Treatment if the employee missed more than three consecutive calendar days and was treated on at least one occasion and given the antibiotics or a …
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Thanks all. I mailed him a letter stating he has 15 days to return the certification. My VP of Ops. also talked to the employee, gave him a copy of everything and told him if we don't have the information in 15 days the attendance policy will appl…
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I agree with the consistency but what do you do if the employee isn't returning the certification? Count the absences against them? Fire them for violation of the attendance policy.? Somehow I don't think the courts would rule in the employer's fa…
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"Further, I'm not clear on how you made the jump from having a Dr. stmt for a series of days to expecting her to take intermittent leave in the future. Please clarify that part for me." I am merely basing my assumption on the information the emplo…
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I would give her the certification form and have her doctor complete it. Then you can base your decision on his certification. Remember - you aren't a doctor and shouldn't be making the decision as to whether or not it is a serious health condit…
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However, pre-natal visits are covered by FMLA. So if an employee misses work for a pre-natal visit it would be FMLA and we could not count this against her attendance. The issue isn't that the employee is incapacitated at this time; the issue is t…
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The employee is requesting time off now which is why I gave her the certification for her doctor to complete. I understand that baby bonding starts after birth.
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I don't see the relationship between siezures when she sees lights and using another software program. The ADA accommodation is for the lights/siezures not for using another word processing program. If she is requesting accommodation for the new …
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[font size="1" color="#FF0000"]LAST EDITED ON 01-30-08 AT 01:53PM (CST)[/font][br][br]The employee was off all week. The only thing I received was a doctor's note. The employee did not want to have the certification completed - even though I sent …
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My instinct was to not ask for the prescription just because of the fact that an employer could determine a diagnosis based on the medication. So we just have to take the employee at their word that they did/didn't receive a prescription. Merely o…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-28-08 AT 02:30PM (CST)[/font][br][br]That I haven't heard anything about. I wear glasses and certainly don't think of myself as being "impaired". I function quite well with my specs. How absurd o…
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[url]http://www.nam.org/s_nam/bin.asp?TrackID=&SID=1&DID=239420&CID=202557&VID=2[/url] This is a link to NAM's website that will show you the proposed changes to the ADA. In my opinion they are opening up a big can of worms.
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This employee has been with us just short of a year. He hasn't been very productive since he started and unfortunately TPTB wouldn't do anything about his productivity when the problem first started. Thanks for your response Nae.
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In my opinion if the doctor certifies it as a serious health condition then it is and the employee would be approved for FMLA if she is eligible. We aren't doctors and shouldn't even know what the employee's problem is. Nowhere on the Certificat…
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I'd designate it as FMLA as well.
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My experience has been that when an employee goes into rehab I give them the medical certification immediately and it is completed by a medical professional at the rehab facility. We also have the employee sign an agreement form that allows us to o…
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This subject has been discussed at great length in the past. Do a search of the FMLA section of this Forum and you'll find the discussions.
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I depends on your state law. In Ohio you cannot terminate.
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Just curious...why would you grant FMLA to someone who has not met all of the requirements? Do you realize you are setting a precedent?
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Nae: It wouldn't surprise me if it were allowed looking at it from this perspective. How much farther can we stretch this entitlement?
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As far as I understand the law, watching children is not an approved condition under FMLA. If he needed to take his spouse to doctor appointments, provide psychological comfort, or care for her everyday needs then it would be covered. However, chi…