LindaS
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This is not a breach of confidentiality and furthermore not even a union issue unless there is something specifically related to it in the contract. If I were you, I would tell whomever it is from the union that is bringing this issue forward to fi…
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When I say "dock" I mean deduct from the EE's salary the amount equal to the number of hours they missed. Let's say, for example, that the EE is paid $600.00 per week salary and they are an exempt level employee. They miss, say, 4 hours of work du…
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Yes, you should have them recertify. If the need for the leave has changed, you should have current paperwork supporting the need for the current leave.
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Yes, the 4 hours per day adds up until you get to the 12 weeks (480 hours). As for pay, under the FMLA regulations you CAN deduct from an exempt level employee's salary for partial days missed.
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You have to wait until you have 12 consecutive months with less than 50 employees on your payroll to not have to offer FMLA.
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You should provide the EE with the requisite paperwork and make a determination after receiving the completed papers. That being said, if it comes back that the EE is, indeed, hospitalized, this would qualify for FMLA protection so long as all othe…
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We spoke to the employee regarding his absence. He did not have any valid reason for failing to call in, just that he thought as long as he called in by 7:00am he was okay. This is despite numerous meetings, notices, etc. stating otherwise.
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I would have worded it differently but it sounds okay. My form letter for FMLA simply states that we have received information of a potential serious health condition that may qualify the EE for FMLA leave. I inform them of the 15 day requirement …
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Thanks for the replies. I spoke with this EE yesterday and informed him that he was being placed on a medical LOA, based on his statements regarding his health condition, through July 11, 2008. During that time he is required to be seen by his hea…
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While I agree wit the other posters regarding WC liability, I have seen actual office chairs that have the ball for the seat in place of a traditional seat. These chairs can be adjusted for height the same as any other chair and they have the back …
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Actually I have to disagree with the previous poster. You have the right to request recertification every 30 days under certain circumstances, one of which pertains to the questionable use of the FMLA. For example, if the doctor certified that the…
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Cancer treatment may, or may not, qualify under the ADA - it is difficult to say without having ALOT more information. In addition, as I stated in my initial post, WI also has the WFEA to contend with and that has a much lower set of standards to m…
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I would examine whether the condition for which she needs surgery would qualify under ADA. If so, you may need to grant the time off. In addition, here in WI you have the WFEA that also addresses situations similar to ADA but the requirements for …
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Since the doctor is only certifying the one week's worth of absences, that is all that should be approved. If he continues to miss work, additional FMLA certifications would be required. I would NOT recommend approving leave without having appropr…
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While you state that your company does not typically require a 2nd opinion I would highly recommend it in this situation. The other option to look at is whether or not this would be an ADA situation and for that I would speak to an attorney. The i…
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Agree with the others. I have several EEs who have lifetime chronic conditions. They are all required to recertify annually and if they fail to do that within the 15 calendar days, they are provided, in writing, a notice that states they are being…
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Under the FLSA you are obligated to pay for any breaks less than 20 minutes. Based on the above restrictions, I would not allow the EE to return to work. In a four hour day, she will actually be only working a total of three hours - not good.
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Did he follow your call-in procedures? If so, I would give him the FMLA paperwork since you do have information that there MAY be a FMLA qualifying situation. Once he completes the paperwork you can make the determination regarding whether or not …
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As you are aware, WIFMLA runs calendar year so to use your example above, the EE would use two weeks in 2007 and get another 6 weeks on 1/1/08. As a result, the EE would be off work for 8 weeks before you could require her to use any of her vacatio…
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I'm assuming you "dock" their pay for an entire day missed, correct? This would not affect their exempt status as long as they make up their time within the same work week.
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This appears to be a situation of the EE not having the money to pay for their health insurance premium who MAY have been trying to milk the system. What you CAN do is send a copy of their job description and require that the physician certify that…
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You have your answer in your post. THREE CALENDAR DAYS. It does not matter whether or not she works weekends - CALENDAR NOT WORK DAYS. It is FMLA.
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I would approve this as FMLA. I take the statement to mean that she has to drive her dad to therapy when he gets home PLUS there is some sort of home treatment that is required (possibly things like assistance with personal things). As for requiri…
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Federal FMLA relating to time off work due to the birth of the baby can be used before or after the baby is born but it cannot be used intermittently unless the employer agrees. If she wants to start her "maternity" leave early, I don't see any pro…
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When you say "relapse" and was hospitalized I question the reason for the hospitalization. Was she hospitalized due to drinking too much and potential alcohol poisoning or did she check herself back into rehab? Was she in the hospital for the enti…
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My post was not meant to suggest that the EE is lying about her situation but the issue at hand is what the EE can and cannot do. If you do not require the doctor to be specific regarding the hours the EE can/cannot work and what type of "light dut…
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I would put together a letter to the EE and inform them that they are required to obtain specific information regarding total amount of hours she can work in a week, define light duty and provide the length of time the above would be in effect. If …
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Njjel - I meant that HRDilemma's understanding was incorrect, not yours.
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Your understanding is incorrect. FMLA due to the birth or adoption of the child cannot be taken intermittently UNLESS the employer approves. They do, however, have up to one year to take their time but, again unless the employer approves otherwise…
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You cannot require an FMLA eligible EE to return to work after six weeks if she wants to take longer. The bonding time with the child has nothing to do with her ability/inability to work from a medical standpoint. If, once the doctor releases her …