Janet
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At the risk of offending the site sponsor, I often refer to my Thompson Publishing Group guide--"Flex Plan Handbook". No doubt Smith Publishers has a similar guide. Updates are sent regularly. Also, I believe speaking with legal counsel would be …
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I would also suggest using a broker. There are so many products available and so many regulations that it's the safest way to go. You can also learn a lot from a broker, if you get a good one.
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Thanks for your input. Normally there would be bi-lingual staff; however, our employees are Bosnian--it's very difficult to find a translator for this!
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We require all employees to report immediately (complete with an incident report), even if they don't want medical care. Failure to do so could result in a reprimand for failure to follow policy/procedure.
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My preference is to keep medical and work comp files separate, although you could keep both files together in one hanging file. Re: work comp, I keep a file folder on each work comp incident; each EE has a hanging file for work comp. It's easy to …
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The company I work for has changed TPA's twice in the last 5 years. Without fail, about a year into the new TPA, old claims will surface that are not the responsibility of the new TPA, but due to time limitations, the old TPA is no longer responsib…
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Our operations are in IN, although we have a location in TN, so I'm vaguely familiar with TN w/c. Our w/c carrier always suggests that the company pay for the first visit, then if the injury is determined to be not w/c, the EE's insurance is respon…
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Do you use a 3rd party administrator for WC? If we doubt one, I make sure our TPA knows it, then let them do the investigation (and, presumably, be the "bad guys")!
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I can't imagine that a doctor would consider Lamaze classes as prenatal treatment (which would be covered under FMLA). However, it WOULD be considered intermittent, for which an employee must make "a reasonable effort to schedule the leave so as to…
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The regs indicate that "unless complications arise. . .routine dental or orthodontia problems, periodontal disease, etc. are examples of conditions that do not meet the definition of serious health condition. . ." (Sec. 825.114(c)) I don't suppose …
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I'd be getting a second opinion PDQ.
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In my experience, the "providing psychological comfort and reassurance" (825.116 a)in the FMLA regs does it every time. No doctor is going to deny that.
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Since no one has taken a stab at this yet, I'll give it a whirl. Although we HR types are very wise, we are not medical doctors. Much as I hate it, I often have to rely on information that a doctor has given me. Would it make any difference if the…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-15-02 AT 11:18AM (CST)[/font][p]I would not contact the doctor directly, but would insist on a 2nd opinion on the DOL form.
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I agree with Rockie. Attendance is presumably an essential job function x:o and you're under no obligation to provide transportation to work!
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I don't know if there are any court cases on this issue yet, but a same-sex partner doesn't meet the FMLA definition of parent/child/spouse, so my vote would be "no"!
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I believe the politically correct term is "potty TEACH" x;-)
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I had a similar situation once and spoke with someone at DOL. In our case, the EE was taking time off to be with her young child, who was seeing doctors to determine what was the problem. I was told that, if the diagnosis ultimately turned out to …
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All of the above responses assume that the EE has not taken any FMLA time prior to the birth of the child. If time is taken prior to delivery, it cuts into the time available to her after the birth of the child.
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I agree with the above. The step-daughter is 18, and the time the EE wants is for babysitting, not care of someone. We had a similar situation once and my answer to FMLA was a resounding "NO!"
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I agree--I don't think that day care is what Congress intended when they devised the FMLA. (What on earth WERE they thinking, do you suppose?) Sounds to me like the lady needs to get on the ball and find some back-up day care.
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Thanks, Margaret. We've never before faced a situation in which an EE has used up FMLA, and short term disability refuses to accept. (Normally, if STD pays, we consider it a paid LOA.) We've since decided to let the situation "ride" as an unpaid …
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Thanks, Don D, for your reply! It was becoming painfully obvious that no one (not even me) wants to touch this one!
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Assuming the EE is FMLA-eligible (requisite hours are met), I think the situation with the child would warrant more investigation. Obviously, it's too late now to grant FMLA leave to those absences, but if the situation DID qualify and FMLA paperwo…
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I'm not certain from the info you've given if Sec. 825.213(f) applies to you, but you might check it out.
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Money talks. You mentioned that such abuses may not be enough to affect merit increases. I'll bet if it did, you'd get much better compliance. I guarantee they'd get the message that you're serious about training requirements, too!
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Cold-hearted, perhaps, but I agree with Margaret. Unfortunately, HR must make some tough calls. I have a similar situation brewing and, much as I'd like to give the EE what he wants, it simply isn't possible. You've been more than generous.
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My understanding of FMLA is that, regardless of working days, if the EE is out more than 3 days, the situation qualifies. So, weekend days count towards that 3-day total.
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Per the regs, it is the employer's responsibility to designate FMLA. I would definitely let the EE know that any pregnancy-related absences (up to and including delivery) count towards her FMLA total.
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You've really answered your own question--the absence relates to non-covered plastic surgery. Therefore, FMLA is not warranted.