LindaS
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Comments
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I think you are handling the situation properly. The ADA accomodations process is an interactive one between the employee and the employer. You have requested he provide information regarding what types of accomodations he needs but if he doesn't …
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Do you have a drug and alcohol policy which allows for random or "fit for duty" testing? If not, you should develop one. This way you could test an employee who appears to be under the influence of drugs and/or alcohol at the worksite but I don't …
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You stated that that you have "referred" him to your EAP but do you have indication that he has gone? If not I would mandate that he goes - you have a responsibility to his co-workers as well as others on the plane to ensure that you have a person …
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When you say medical issues that impact her attendance, has the FMLA route been addressed? If not, and if she is eligible, that would be the first route to take. If this has and she has exhausted this leave, you will need to determine whether or n…
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I think the first thing you would want to do is hand her FMLA paperwork (if your company is large enough to qualify). This would require her to obtain a medical certification regarding her condition and any absences would be counted under her allot…
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First you need to determine if he is a qualified individual under the ADA and to do that, you will need more information from his physician. Since he has only been with you for 70 days he obviously does not qualify for FMLA so what I recommend is t…
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Since this meeting does not appear to involve any type of discipline, Weingarten rights would not apply so it would be up to you to decide whether or not to allow the union rep. there. The only reason I can think of for the ee to want one is to hav…
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If the insubordination was such that termination should be the end result based on your policy then I would terminate the employee on that basis. Once the employee is released to work, light duty or otherwise, and there is work available the refusal…
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Talk to your attorney!!! This is a tough situation but I'm assuming you have documentation regarding the employee's failure to follow these rules in the past so if you decide to terminate it would be for the failure to follow these rules and not du…
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In Wisconsin an employee cannot collect both WC and disability either. I agree with Whatever and would report the injury to the insurance company and let then know the details of the situation. They will investigate and make a determination based …
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I had a similar situation once with an employee that was out due to a work related injury and basically "disappeared" during treatment. About one year later we received notice that she obtained an attorney and was suing us for refusal to rehire. L…
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That is what I thought but I wanted to make sure.
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I have seen MANY employees voice their opinions regarding how much they THINK they will get from a WC claim and more often than not, the employees have not seen anywhere NEAR that amount (but they are NEVER as vocal about THAT!). I would inform the…
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I would offer her the wrist wrap and if she refuses, and you have some strong reservations, I would contact your w/c carrier about it. They have the full medical records for the injury and can advise you whether this is something that you should be…
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I agree with Watson and Balloonman - I just attended a seminar yesterday and was informed that HR should not be the ones who sign the form anymore. The list provided by Balloonman is correct.
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As far as passing information along to employees, they should have received a copy of their result immediately following the test. They should also have been notified, as you should, if there were any employees who showed a significant loss of hear…
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Ditto to Don's answer.
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Has the employee scheduled this second appointment? Does any of the information you have give you any indication that she may be protected under ADA? I would find out when she is scheduled to see this other physician and wait until after that to d…
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If you can verify that there aren't any other positions for which he is qualified that are available, you CAN terminate. Has he provided you a reason he doesn't want this position? Not that it matters, it is not up to the employee to "pick and cho…
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The employee has the problems. I have reported it to the insurance company and plan to ensure they engage in a full investigation to determine compensability.
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He reported it to the Acting Supervisor for that department at the time. I did speak with him and he doesn't remember anything specific. This is an employee who has a myriad of problems and one just seems to run into another.
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As Whatever stated, check with your state law but I would notify the LTD carrier that the EE is collecting WC payments. His LTD payments would probably be reduced by the amount he is receiving from WC. As far as "removing" him from WC, I do not th…
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If there injury qualifies them for FMLA (and the employee is eligible), and if your policy states that FMLA and W/C run concurrently, you cannot terminate them from the group health plan until the FMLA is exhausted. If these do not apply, you can t…
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Thanks for your response and I agree with the fact that a proper fitting shoe may allievate some of these problems. The problem I have is that the employees are are allowed to go anywhere and purchase shoes. Many of them purchase $20.00-$40.00 sho…
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Talk to your insurance company and see if they would be willing to send him for an IME. In addition, the insurance company should have the medical information verifying the injury as well as the need for the ee to be off work. I would inform your …
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Is there some reason that he wouldn't want to be seen by a physician (i.e., mandatory drug/alcohol screen)? If it were one of my employees I would have him checked by a physician just in case. You could be looking a possible case of shock or some …
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If the chiropractor notified the WC insurance company that the employee reached an end of healing then anything new would be considered a new injury and should be treated as such. The only change to this would be if the doctor deemed that this was …
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Are you saying that your return policy does not accomodate an employee's temporary return to work restrictions unless they are able to perform the ESSENTIAL job functions?
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Don: Regarding the issue of light-duty (or restricted duty), I agree with your statements regarding the essential and marginal functions of a job when you are examining a reasonable accomodation on a permanent basis but I was talking about accomoda…
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Our company's policy allows for light duty for up to six months as long as there is some improvement during that time. If an employee is still unable to work after that time then layoff and/or termination is examined. The reason for this is twofol…