LindaS
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I concur. The letter I send to the EE when they are approved for intermittent FMLA states very clearly that they are expected to follow our regular call-in policy and that failure to do so will result in discipline up to, and including, termination…
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Does your FMLA policy require the use of paid time off in conjunction with FMLA? If so, she would still be required to use her vacation for an FMLA qualifying situation.
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Have to agree with NaeNae. While you have the lega right to do as you have suggested, bringing that type of subjectivity into the mix will only create problems down the road. Not something I would ever suggest doing.
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In absence of state laws requiring the continuation of benefits during WC absences, the following is what you are required to do... When EEs are off work on FMLA absences you are required to continue their group insurance while they are off work bu…
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Well that changes things. Your OP stated that he has four weeks of leave left so the assumption was that the medical documentation left him off work for another 4 weeks. If that is not the case, and you have nothing from a health care provider sta…
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I can see where Stilldazed is coming from but I feel that requiring an update every 10 days is overly burdensome and serves no real purpose. Now, if you have an EE who is going be out several months I can understand asking for maybe a monthly updat…
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If you have medical paperwork stating that he needs to be off for XX period of time, what reason would you have to require him to contact you? You already know that he will be off work and there is nothing that can be gained by having him contact y…
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If the person who gave the woman the ride provided the information, I would definitely approach the woman with the information and ask her for her explanation. If she admits that this is what happened, I would assign whatever attendance points nece…
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Marc - I think you are getting bogged down with the diagnosis. Take a look at the information you have, more than three days absence (certified by the doctor), treatment by a health care provider and continuing treatment. You yourself stated that…
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At this point, with the information you have, I would preliminarily designate it as FMLA. You have more than 3 days' absence, you have at least one treatment by a health care provider, and you have continuing treatment in the form of the antibiotic…
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In short, no you cannot designate the two weeks prior to the birth as FMLA unless the doctor certifies the need for the leave. In this instance, since there isn't any medical need for the leave, it is either approved LOA of some type (non-FMLA), va…
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How long has it been since you last received certification? If it has been more than 30 days you can require updated certification since the use of leave has increased. What I have done, both with and without success, is provide a copy of the empl…
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Yes you have the right to determine if her work restrictions are something you can work with or not. Since this is a non-work related injury I would even caution you about bringing her back under restrictions. Keep in mind that in WI, aggravation …
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You have to take a look at the situation. What is the medical condition? Is it something that would qualify for ADA protection? If so you need to determine if providing additional leave would be a reasonable accomodation. If it is, how much leav…
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If you cannot accomodate his restrictions you are well within your right to place him on FMLA leave. Remember, the FMLA is an ER law, not an EE one, meaning that the ER is made responsible for determining FMLA qualification, not the EE. I have don…
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IF this condition qualifies him for some type of ADA accomodation you need to get information from the physician regarding the EEs need for time off work. This information would entail more detailed information than what is required for FMLA protec…
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The letter that is sent to the EEs states the date by which their paperwork is to be returned to my office and also informs them that failure to provide the requisite information will result in their leave being denied. If I have information from t…
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Ditto to the above post. I have and will continue to, designate this type of absence as FMLA.
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The employee does NOT have the right to refuse FMLA should their condition require the use of time off work. Follow your policy and if the EE gets to the point that they utilize all their available paid time off and would like additional time off w…
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Irie - I have to respectfully disagree with your attorney regarding your FMLA obligations. There have been court cases wherein it has been found that employers terminating employees for not following an employers call-in policy even though the abs…
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Actually, I don't ask. When EEs receive their written verification regarding their intermittent leave the last paragraph CLEARLY states that it is THEIR responsibility to notify our company of any FMLA qualifying absences or they will receive "poin…
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Report the injury to your WC carrier and let them determine compensability. As for time off work, until a determination is made through WC, I don't think there is much you CAN do except give her the time off IF her physician certifies the need for …
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Yes it is. I know of one employer who gives one month of medical LOA, in addition to FMLA, for every year of service up to a total of 12 months (including FMLA at this point).
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When you say she "cannot" work in several offices is this due to her behavior? Has it been documented? Has she been given any disciplinary actions in accordance with her behavior? If the answer to either of the last two questions is "no" I don't …
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This is a tough situation... How large is your company? If it is so large that you are unable to maintain a "beat" regarding the goings on of your employees, I would recommend doing comprehensive training with your supervisors/managers so they can…
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Can't think of anything else and I have tried this, without much success. Most physicians will tell you that "pain" is very subjective and they are not willing to question an employee's statement that they are in "pain" and risk a lawsuit. I conti…
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Larry - I was disagreeing with your statement that the ADA covers, "practicing alcoholics". It does not.
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I have to disagree with Larry regarding the ADA and alcoholics who are drinking. They are not covered under the ADA if they are missing work or their work performance suffers due to their drinking. There is no requirement under the ADA that states…