LindaS
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In speaking with our labor attorney regarding this very issue I was advised NOT to start counting FMLA early. Reason being that if the employee utilizes all their FMLA, they can come back and say that you designated FMLA before they truly qualified…
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This is an issue that has been addressed before so I will try to give you a quick synopsis - You should NOT cancel an EEs coverage as long as they are on FMLA. You have the right to recoup any unpaid premiums once the EE returns. Some HR people …
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If you do not require the medical certification, how can you determine the need for the EE to be off, etc.. Send the packet to ANYONE needing FMLA leave.
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I wasn't aware of this, either, but it could really help with the amount of tiem an EE is off due to FMLA if employers ran their light duty programs as FMLA. Great find!!!
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Michael - Thank you again for your response but I think I used the wrong terminolog in using "policy". I am not looking at changing the insurance policy but rather address the problem of having to keep a job open for 6+ months for an EE. The insur…
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Thank you for your quick response and I probably should have stated in the initial post that the issue of requiring an EE to use vacation would be once the WIFMLA expires, as we require them to run concurrently.
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Marc - I can see your point regarding what can be done to assist the employee through a difficult time but I also think there needs to be a certain amount of responsibility on the part of the employee. To say that it is okay for an employee to sim…
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Agree with Don. Taking care of his father's "estate" is not FMLA qualifying but it appears that the supervisor "ok'd" his first week of absence as well as the additional time off. Even if this were FMLA, the FMLA regulations do NOT excuse an emplo…
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Rockie - you may want to review 825.206 under the FMLA regulations. This section addresses whether or not an employer is permitted to "dock" an employee's salary (exempt) for unpaid leave and it states that an exempt employee CAN have their salary …
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Couple of things... 1) The EE informed you that he has a "serious health condition" but provided NO backup medical documentation so therefore you would treat him the same as any other EE. 2) The fact that he is leaving early should earn him the "…
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Yup!
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I agree with the others regarding waiting for the med. cert. but if the EE failed to call stating they would not be to work on the day she was scheduled to return you can address that situation. I have terminated employees who did not call in in ac…
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Addressing the issue of your choice NOT to count the hours missed as FMLA, you may be making a huge mistake. I can see that you are trying to be compassionate toward your employee but you have to remember that decisions made now will have an impact…
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I would not recommend changing her status to part-time at this point. She has the FMLA time by law and once that it exhausted you can look at making some more permanent changes. One thing that you MAY want to look at is whether there is a similar …
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Agree with Marc. Provide him with a new certification and require that it be completed pertaining to the serious health condition of the child. Make sure that your notice states that all FMLA will run concurrent so the time he took off for the bir…
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You can run vacation and FMLA concurrently you just can't require an employee to use their vacation if they are on approved WIFMLA leave. Basically, it's the employee's choice until the state allotment runs out and the federal takes over.
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I agree with Don. This EE obviously knew about her rights and the fact that her time off would count toward FMLA or else she probably would have received multiple disciplinary actions for her absences/tardinesses. I would also take a look at your …
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Intermittent IS very difficult to manage and CAN be abused by employees quite easily. You do, however, have at least one way of managing extended absences... While the FMLA states that once you approve employees for intermittent FMLA you cannot as…
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If you have more than 50 employees then you have to comply with FMLA. A good place to start is the [url]www.dol.gov[/url] website which will provide you with information regarding your obligations as an employer, forms and answers to FAQs. Based o…
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Thanks to both of you for your responses. I try to maintain consistency when dealing with these types of issues but my concern in this instance is that we, the employer, would be viewed as "penalizing" the employee for taking FMLA leave due to not …
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I have had this same situation and what I have done is composed a letter informing the EE that their date has passed to return the certification form. I also inform them that, until a new certification is received, all FMLA will be denied. Hope th…
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I think we are going to just have to disagree on this point. FMLA, like I have said before, does NOT grant carte blance to the employee. They are still required to follow company policies. This is NO different than an employee being required to c…
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Cthr - I am familiar with that portion of the regulations but I think we are talking about two different things... We have a policy that states anyone out for illness for three or more days is required to present a return to work slip. This is un…
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Cthr - Employees on FMLA are not given "carte blanche" to do whatever they want. They are still held to the same policies as other employees. As long as we treat absences for both FMLA and non-FMLA reasons consistently, we are fine. I am not ask…
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CTHR - In response to your post, as long as we administer our non-FMLA absences the same as the FMLA ones, we have the right to request the documentation, which we do.
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Agree with Don. Follow your normal attendance practices and see what happens when the employee returns. If, at that point, it seems FMLA is possible, give them the paperwork at that time.
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Sorry Don, I forgot to add that he kept one day of vacation and scheduled that for Friday so tomorrow is the day he is missing that he tried to use FMLA for. We'll see what happens on Monday as he originally requested that day off as well and was d…
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You have an obligation to notify the employee of their FMLA rights. Simply putting up the notice is not adequate. You have been made aware of a potential FMLA situation and you are responsible to inform the employee of their rights. There have be…
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In seminars I've been to regarding FMLA, I have ALWAYS been told that weekends and holidays count toward the 3-day rule.
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Her problem would not be FMLA, as it appears that she was only gone one day for the problem (unless there is an issue regarding the "chronic" nature of her problem. Giving her the FMLA paperwork and informing her that it needs to be completed for h…