LindaS
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Based on the information you provided it appears that there may be an underlying medical condition causing the more frequent sinus infections but I wouldn't recommend delving into that. Based on the information above it appears that this condition …
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Before making any final decisions regarding termination, get the FACTS and check with your attorney. If the employee is working at a job that has nothing to do with taking care of his child, I would think you can go ahead and terminate.
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Don, you are correct. One attorney used this example... If an employee, whether being the mother or father of the child, wants to take a couple days off to paint the nursery they have the ability to do that under WIFMLA as long as it's within 16 w…
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I'm in WI as well and offer the following info... If she is out of federal FMLA as of July 6th, she would then begin her 6 weeks of WIFMLA. The WIFMLA is for FAMILY leave and can be taken within 16 weeks of the birth, either before or after. Your…
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Agree with Don but I think if you push the issue of "headache" he will only tell you they are migraines anyway but I would do the following: 1) In your letter approving the FMLA leave inform him that he is still responsible for notifying the compan…
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Take a look at the this section: 29 CFR 825.207 - This section states that an employee can use FAMILY leave to care for a healthy newborn if the employer's policy regarding family leave allows for use for this reason. It goes on to state that an …
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Agree with the others.... This is a situation, although unfortunate, that is not all that uncommon. An employee doesn't like the demands that are placed on them by the employer so they take advantage of a situation such as this. If the employee i…
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Requiring a male employee to provide SOME type of verification that there is going to be/has been a birth of a child and that they are claiming this is their child is NOT unnecessary paperwork. While I agree that the regs. do not require an actual …
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We require employees to complete the same medical certification regardless of whether it is for a pregnancy or other serious health condition. Remember, time off work for reasons such as morning sickness are covered under FMLA although you may not …
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If he is treating with a physician and is taking prescription medication, it would qualify as FMLA as a chronic condition. As far as the call-ins, remind the employee that they are still subject to the same notification standards as all other emplo…
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Agree with Whatever, while the complications MAY qualify for FMLA, the employee is still required to follow company policies regarding notification to the company. In absence of some significant reason for the employee not calling in, follow your n…
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When FMLA leave is foreseeable, you have the right to require that the appointments are scheduled so as not to disrupt the employer's business. If she fails to schedule this appointments (remember these are not "last minute" appointments") outside …
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In taking a quick look through the regulations, it states that an employee must be treated as an employee, by the employer for each of the 52 weeks preceeding the leave request. This means that if an employee was on layoff, or other leave of absenc…
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If she refuses to provide the requisite paperwork, follow your attendance policy and follow whatever steps that entails. An employee's refusal to have the requisite paperwork completed doesn't mean that you have to automatically grant the leave. T…
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I had a similar situation back in January and this is how I handled it... I sent the employee a 2nd letter (along with a 2nd set of paperwork) and informed them that the paperwork needed to be completed and turned in by January 30, 2004 (this was i…
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I would not go back to November and grant the time off. You provided the employee with information regarding possible FMLA rights and she chose not to follow-up on it. I agree that as employers it is our responsibility to determine a potential FML…
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I have encountered this as well and my advice has always been to talk to the physician's office regarding the charge. Why is it that we, as employers, are automatically expected to "bend"? The federal FMLA regulations state that we, as employers, …
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SMace - I think you're intent is to try to be a good employer, and that is commendable but the fact remains that the regulations state that once an employee meets the eligibility requirements, they get 12 weeks of unpaid leave off. If you try to …
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SMace - I have to agree with Don on this one... I have several employees who do not have enough hours to re-qualify for federal FMLA so I contaced our attorney regarding this and she advised NOT going over and above what the law requires regarding …
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SCCDHR - I have to disagree with your recommendation. By following what you are suggesting you are basically saying to the employee, it's okay for you not to follow policies and procedures and we will maintain your position anyway. I have to agree…
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Do you have a policy regarding returning to work with a drs. slip? If so, enforce that policy. In the event that you don't have one, the first thing you should do is get one in place but I would treat this as an unexcused absence, since this is wh…
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If you have approved intermittent FMLA you cannot required a physician's slip each time they miss, unless you have an attendance policy that does the same for any other person calling in sick. For example, our attendance policy states that absences…
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Yes they become eligible as soon as the 52 weeks is reached so be sure to have the requisite paperwork completed, notices done, etc. I don't know if I feel that the new employee gets an "advantage" because you had the right to terminate their healt…
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Well you learn something new every day, huh!!!
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Popeye - I just typed it in and it automatically underlined it (created the link). Maybe it's the way the computer is set up, don't know.
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I don't think you made a mistake. The employee has informed you that her parent has a serious health condition and you have a responsibility to inform her of what her rights are regarding this situation. While I'm sure many forumites would agree t…
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Section 825.303 states "The employee need not expressly assert rights under the FMLA or even mention the FMLA, but may only state that leave is needed. The employer will be expected to obtain any additional required information through informal mean…
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There have been several cases within the past year addressing whose responsibility the designation of FMLA is...and the resounding answer from the courts has been that it is the employER's responsibility, not the employee. The courts have found tha…
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I seem to remember a case wherein an employee wanted to take time off work to assist his spouse while she went out of town to visit family members. If I remember correctly, the decision in this case was that the employer was correct in denying the …
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Agree with Marc. The combined leave allotment is for the birth of the child only, in other words, the bonding time. If the child has a serious health condition, this is treated separate from the bonding time and the employee is allowed to use HIS …