LindaS
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Comments
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It's 12 work weeks. In your example, if the EE works 5 8-hour days, they would have used 17 days out of 60.
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That is incorrect. They need to have worked 12 months and 1,250 hours within that 12 month period. There is nothing in the FMLA regulations addressing the 2080 hours.
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Since he qualifies for FMLA you are unable to terminate him until he has exhausted his FMLA leave. Because you cannot accomodate his restrictions, remove him from work and notify him, in writing, that he is being placed on FMLA leave for XX period …
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My first question is whether or not the EE called in in accordance with your attendance policy. If he did not, regardless of potential FMLA implications you still have the right to require EEs contact the company in accordance with your policy and …
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When I approve an employee's FMLA for use the letter I send specifically states that the employee is required to contact the company in accordance with our attendance policy regarding any FMLA qualifying absences. If they do not do that, their abse…
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If the medical certification states that he may need intermittent leave due to his condition, there isn't anything you can do but to allow him to take the time off. Does the medical certification state anything about potential amounts of time? If …
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I would send him a letter, you can choose to use either certified mail or certificate of mailing, informing him that his employment is terminated effective today unless he can provide valid medical certification of the need for his being off work si…
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The three days is calendar days, not work days.
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The federal FMLA regs. state that time off work to care for a child is defined as a child under the age of 18 or one that is over the age of 18 that is uncapable of self-care DUE TO A DISABILITY. A disability is defined under the ADA. That being t…
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Under the federal FMLA, a child is defined as someone under the age of 18 or someone over the age of 18 with a disability. Since pregnancy is not considered a disability, this would not qualify as FMLA leave. That's not to say that I would not gra…
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In response to your questions... 1) Simply going to the hospital does not automatically protect someone under FMLA UNLESS there is a serious health condition that is involved. Since she returned to work later that day, I would think that there wa…
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Yes, the two hours she is short would be counted as FMLA. As for not being able to accommodate her after 3:30, no you do not have to do this if you don't have work for her.
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Wisconsin is horrible when it comes to UI awards. I recently had one wherein we termed an EE for failing a post accident drug test and she applied for UI. Even though we had all the documentation regarding our policy, the test results, etc. AND th…
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Here in WI, that would depend on the disability level. For example, if he were released to some type of light duty work and we did not have any work available within his restrictions, the UI division then takes a look at similar industries in this …
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Does it say anything about what the leave is needed for? I would require the EE to go back to the HCP and inform them that more specific information is required. If she refuses, deny her leave based on the fact that the information she has provide…
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If the physician certifies the illness accordingly, I would say that you have no choice but to accept it and move on. Sorry!
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You are correct in that the WIFMLA allows the EE to decide whether or not they want to use any available paid time off in conjunction with leave qualifying under the WIFMLA. Once the WIFMLA expires and the EE is only under federal leave, the employ…
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My opinion would be that this would be considered an Attendance Bonus. The EEs get this Bonus Day for not using any unpaid or sick time and you cannot count FMLA against an EE so in essence, they should get this bonus.
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It this "Bonus Day" is received strictly as a result of attendance, FMLA cannot be counted againt an EE for this award so they would be eligible for it. If this "Bonus Day" related to reaching some type of production rate, then the EE would not be …
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I agree. This would not be covered under the FMLA. If you want to provide this time off to the EE you always have that option but the time off is not FMLA covered as he is not caring for an individual with a serious health condition.
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As far as those EEs who use their vacation THEN FMLA, there's not much you can do about it but for those who use all their FMLA and THEN want vacation, that is where this type of policy comes in. I also agree that you would need to have specific gu…
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T - While I can empathize with your desire to work with, and assist, employees the bottom line is that you always have the option of granting unpaid excused leave. In both of your examples you have the option of granting the employee unpaid leave…
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What do you mean that she falls under ADA? Does she currently have restrictions that limit the amount of hours she is to work? If so, what do the restrictions say? If they limit her to 40 hours per week then you may want to look at the possibilit…
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If someone is not out completely, they are on intermittent leave. This means that the person cannot work their regular schedule, although they are able to work some. As for the restrictions, I would still require a set amount of hours. The reason…
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You do not need to get another doctor's certification for the intermittent leave as long as it is for the same health condition. As for the part-time leave, do you allow people to RTW with medical restrictions? If so you would count any time misse…
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Agree with the previous post but with the caveat that you need to get updated medical certification of his need for continued leave. Have you sent him a letter stating that he needs this information? If not, this is something you should do ASAP. …