LindaS
About
- Username
- LindaS
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
Under Federal FMLA she has the ability to use all 12 weeks of FMLA as long as she has not used any FMLA time within the last 12 months, however you calculate a year. She does, however, need to let you know how long she plans to be off work. As for…
-
The FMLA regulations do NOT allow an employee to show a total lack of disregard for the employer's policies. In fact there have been court decisions regarding this issue and the courts have been on the employER' side when the employee failed to mak…
-
There have been many discussions on this subject in the past and there have been individuals on both sides of the argument. Our policy specifically states that an EE has to work their last scheduled work day before and their first scheduled work da…
-
In response to those requesting more information, the information I passed along came from our attorneys when I posed the question to them regarding designating FMLA leave for an EE prior to their meeting the eligibility requirements. This same inf…
-
Not only are you setting a precedent but, technicall and legally, you cannot designate the leave as FMLA unless ALL qualifications are met. At this point, the leave you have granted him is NOT FMLA and, upon his one year anniversary, he will have a…
-
This would/should be FMLA, as long as there is medical certification from the treating physician.
-
I would like to clarify something, the FEDERAL FMLA regs. state that a child would be considered a child for caring for purposes if they are over the ageof 18 and incapable of self-care due to a mental or physicial disability. FunHRBanker's respo…
-
I agree in letting her go. If the mistakes she made would have resulted in being terminated in absence of her being gone, then go ahead and terminated. ADA and/or FMLA does not grant an EE greater rights than the EE would have in absence of their …
-
How do you know the reason she is off work? Has she provided any documentation? Since she is a new EE, I would send her a letter requesting additional information regarding her illness. Things like the length she will be off work, additional trea…
-
No this would NOT be FMLA. FMLA is for him to provide care to HER, not the children. While I can see where someone would want to stretch the FMLA to cover this, I would not. The children are healthy.
-
Even spending time with the parent would be FMLA as long as the doctor certified that psychological care is necessary.
-
The regulations state 12 weeks of leave. This means 12 regular workweeks, no matter what that is. As a result, you can count holidays as FMLA leave. I have been to many seminars and all the attorneys have agreed that this can be done. We count h…
-
Agree with the others. She does not have the right to DECIDE that she is going to off work for a week until she sees a doctor, and I doubt that a doctor will certify her off for that period of time anyway. I would send her the paperwork and inform…
-
This would not be considered FMLA unless, as the previous poster stated, there is a serious health condition outside of the pregnancy.
-
David - To respond to your question regarding excused absences with a doctor's slip it appears that you have the same thought many employees have...that having a doctor's note automatically excuses you from work. That is incorrect and the majority…
-
Did he respond to your reminder? If he has chosen NOT to respond to your FMLA certification request, I would go ahead with the termination at this point. You have met your obligations under FMLA and if this EE has chosen to ignore your warnings, f…
-
Has he provided a reason for the failure to bring in the paperwork? If not, ask him. I would provide him one last written notification that failure to get the paperwork completed will result in the preliminary FMLA designation being revoked and yo…
-
It sounds like you have numerous issues here... 1) Declining performance (is it because of her health issues?, 2) ADA? 3) FMLA? 4) No longer seeking treatment? Here is my suggestion... Deal with the performance issue alone. Tell the EE that …
-
Has this person completed FMLA paperwork? If not, that would be the place to start. Once that is completed, review what the physician wrote and if you need additional information, require the EE to get it. Once you have the necessary information,…
-
As you know, here in WI ERs cannot madate the use of vacation until the WIFMLA expires. We had the same situation you outlined above until we changed our policy so that at the expiration of an EEs WIFMLA leave they are required to use any available…
-
Let be begin by stating that if you make the above statements to the EE, I would almost guarantee that you would be slapped with a formal complaint. You are INCORRECT in your understanding of intermittent FMLA and the burden placed on employers. W…
-
Answer to #1 - CALENDAR days. Answer to #2 - No, there is not a list. What I would recommend is to go back to the EE and have THEM get clarification regarding how frequently they will need to miss work, how frequent the appts. are, etc.
-
Unless she let a member of management know of her situation, you have no obligation to go to the extent of asking her co-workers the reason(s) behind her resignation and no obligation to go through the FMLA "hoops". What reason did she give when sh…
-
I agree. If termination would be the result for any other employee calling a physician, or anyone else for that matter, that type of a name the same should happen to this EE. FMLA is NOT a "get out of jail free" card.
-
The 12 months need NOT be consecutive so that would count toward their FMLA eligibility BUT the 1250 hours must be in the 12 months immediately preceeding the FMLA. Does this answer your question?
-
Unfortunately if she is able to obtain medical certification keeping her off work for more than 3 days PLUS continuing treatment (prescription meds), this would qualify as FMLA so long as she met all the requirements. Sorry!
-
That is up to your policy as well as any state laws that may apply. Here in WI we do not have any requirement to continue health insurance after their FMLA time is up so they are placed on COBRA. As for other benefits, you would need to examine yo…
-
Agree with Joanie. I would send her a letter, certified, that informs her that failure to complete the requisite FMLA certification form will result in her absences being considered unexcused and any disciplinary action/termination that is a result…
-
15 calendar days is what the regs. allow.