LindaS
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When this employee was hired did you go through the essential functions of the job? Did this include the physical requirements? If you did, then the EE is aware of the expectations of the job and if there is something that she feels that she canno…
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It doesn't appear that you are forgetting anything but remember that, while his being gone for treatment would qualify him for FMLA leave, his failure to contact the company regarding his absences would count against whatever attendance policy you h…
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Why has she had to miss so much work? Was she "taking care" of him? His trouble with the law would not be something that would be covered under FMLA. As for his time in the rehab clinic, that MAY be covered under FMLA IF the health care provider …
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This does not qualify as FMLA for the grandparent BUT you MAY want to think about giving some time off to the grandmother (maybe a day or two) although I wouldn't grant a whole week. I would also require them to use any available vacation, PTO, wha…
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In examining the definition of "serious health condition" the definition is an illness, injury, impairment or physical or mental condition that requires either a) inpatient care, b) an absence of more than three calendar days requiring continuing tr…
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Her STD payments are most likely based on her being unable to work due to the childbirth. If the physician certifies that she is able to RTW on 10/1 then her payments would be stopped at that point but yes, she would still have unpaid FMLA (unless …
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I had this happen before and what I did was to inform the EE, in writing, that failure to provide medical documentation verifying the need for FMLA leave will result in the leave being denied and any absences being applied to our attendance policy w…
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Cindy - I'm in WI as well and, while I don't see anything "wrong" with what you did, at least from a legal standpoint, I probably would have given her the holiday pay - or at least part of it since her restrictions are certified by the physician an…
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Based on your post I'm assuming that the FMLA paperwork relating to her treatment outlines the dates/times of the treatment and if so, I would not count those additional days as FMLA UNLESS her counselor can verify that these additional days are due…
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The two days that she was scheduled but did not come in, did she call? If not, you should address this separately from the FMLA issue if you have a policy regarding calling in work regarding absences. As for the FMLA issue, I would have counted th…
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If you are talking specifically about intermittent leave due to the birth of a child then yyes, you have the right to lay some guidelines down on how it can be used. For example, here in WI the WIFMLA dictates that employees are able to use FMLA le…
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Well you do have a couple of options.... 1) Requiring the EE to get a 2nd opinion at your expense. Then if the EE doesn't agree with the evaluation, go for the 3rd, again at your expense. 2) If you see a pattern wherein the EE is typically taki…
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With our plan (we are also self-insured), the EE would not be eligible for any payment if he/she were getting paid by some other form. In this instance, the EE would not be eligible for STD payment for any time they were receiving vacation pay. Th…
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Our plan has a set amount per week. If an employee works, or is paid for, any portion of that week the payment they receive is deducted based on the portion of the week they worked, or were paid. In your example above, she worked two partial days …
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Based on your post I'm assuming that you require all individuals who call in sick to return with a doctor's note. If that is the case, I would not permit her to work today until she receives a note from her physician verifying that she should have …
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We run our FMLA concurrent with our STD plan so when an EE goes out on a medical leave, their FMLA time starts with the first day they miss work and their payment starts based on what the plan says. The EEs have up to 26 weeks of STD payment during…
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There are a couple of things that you can/should do... First of all, if the writing is illegible go to the EE and tell them that they need to obtain additional information as the information that is stated is not legible and that in absence of new …
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Maybe I'm missing something but I think you answered your own question. You state that your policy gives people up to 26 weeks off but she has only been off for a little more than 12 so she should have approx. 13 weeks left, although she no longer …
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I would do the same thing, assuming that you will be putting the notice in writing so the EEs have a copy of the new policy.
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Have you been contacted directly by the physician or is this based on something the EE said? My suggestion, in addition to Don's is to inform your employee (or the physician directly if they have contacted you) that without the completed certificat…
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If you have approved him for intermittent leave under FMLA you cannot require a medical certification each time he misses work unless you do the same for all other employees who miss work due to injury or illness who do not have FMLA situations. Un…
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Whenever I have an employee on approved FMLA who needs additional time for the same condition I simply have them provide certification verifying the need for additional leave from the treating physician. I do not require another Wh-380 be completed…
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Don - Thank you for pointing out my error. What I meant to type was "unpaid time off". As far as the contract, it is silent on the issue you stated above and I have not seen any contract that specifies the use of vacation but I'm sure it's out th…
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Actually, the federal regs. allow the ER to determine whether or not to require an EE to use any available paid time off prior to receiving unpaid time. I don't know your state regulations so that may be something to look into. We just went throug…
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I agree with both posts and would like to add a couple of comments (we are union as well)... 1) Employees are informed, in the letter they receive approving their FMLA leave that they are required to contact the company in accorance with our atten…
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First of all, without SPECIFIC guidelines regarding what the EE can and/or cannot do I would not permit him to work. I would simply inform him that you are in need of specific information and, in the absence of that, are not permitting him to do AN…
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I would follow your policies regarding job adandonment. He was released to work, has not reported for work and has not provided any reason for not reporting. If your policy calls for termination, terminate. His WC issue has no impact here.
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Is he quitting because he is going to take care of his father or was a different reason given?
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You have paperwork certifying his need to be off work so having the actual FMLA papers isn't truly necessary. I would provide him with written documentation stating that the FMLA and WC are running concurrently and his time off will count toward hi…