LindaS
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- LindaS
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Due to the privacy issue regarding health information, once I approve intermittent FMLA leave I instruct the employee that when calling in they only need to say their absence is FMLA and NOT to go into the exact reason for their FMLA. If an employe…
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Agree with Hatchetman... It is the employER's responsibility to designate FMLA, not the employee's choice. Furthermore, in order to obtain TDI benefits I'm assuming they would need to provide some type of medical certification verifying their disa…
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We would pay them the holiday pay. Our policy states that the requirement of working the day before and the day after a holiday is waived if the employee has a doctor's slip so the FMLA certification, if the employee has been approved for intermitt…
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I agree with Don. For me it's not an issue of being "in control" but rather to make sure things are done properly and that things aren't said that shouldn't be. I know of a former employer that had a female terminated for performance and after the…
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As a general recommendation, I would not rely on someone else to give this sort of information. This is a delicate situation and should be handled appropriately. That being said, if your decision has the support of upper management or past practic…
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No you are not required to send these types of notices but I typically require an employee on an extended leave to contact me every several weeks to update me on their condition, etc.. If I have an employee with a definite return to work date, it i…
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If they are being granted custody through a court order, I would cover this under FMLA. This would be the same situation as if an employee needed time off for adoption proceedings and/or travel to pick up the child. If this is just a "they will be…
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No you do not HAVE to grant her the days since she has used all of her FMLA but if she decides to seek legal counsel your company will spend a significant amount of money justifying WHY you terminated her and HOW an additional 10 days was unreasonab…
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Did you have ANYTHING other than her word regarding the need for her to go on bedrest? If not, how did you come to the conclusion that you were going to grant her the leave? Are you looking to terminate her due to the fact that the temps aren't wo…
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I agree. Send the official approval letter reflecting the exact date. Reference the date the leave started.
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As an employer who does NOT require employees to use sick/vacation time when out on FMLA, I can tell you how much more difficult managing absences becomes. Imagine an employee who has been approved for intermittent leave, doesn't have to use his/he…
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Have you asked the carrier WHY the benefits were denied? Before I would have the EE go for a 2nd opinion I would take a look at both sets of paperwork to determine why the carrier denied the benefits. Sometimes benefits are denied basic clerical e…
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Does the paperwork she already supplied indicate that further treatment is necessary? If so, that information should be enough for you to grant the intermittent FMLA. If it does not, require her to provide updated FMLA paperwork to substaniate(sp?…
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Did the original certification provide Sept. 5 was the date that the restrictions were to end or are you doing a periodic update? Have you talked to the employee regarding WHY her physician hasn't completed the update? I would sit down with the em…
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Your benefits group is correct. You, as the employer, are responsible to take action whenever you believe there is an FMLA qualifying event. The employee is NOT responsible for saying the "magic FMLA words" to prompt the mailing of the paperwork. …
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I agree with Don - these types of errands are not something I would interpret as being covered under FMLA and were NOT what the regulations were intended to cover in the first place.
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Does he own one of those lovely hats?
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Don, you are such a funny guy!! What is wrong with Wisconsin?!?
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When cases like these have gone to the courts, the courts have consistently held that an employee on FMLA still has to follow whatever your policies are regarding notification of absence. I have been in this exact situation before and have discipli…
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The idea that a supervisor or director is going to utilize progressive discipline and not "doing anything" with it is ludicrious. Imange a management person starting a meeting with, "I'm going to give you this written warning but it doesn't mean an…
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Since this is a new FMLA qualifying event, I would require a certification for that condition verifying the need for the EE to be off work again, as opposed to working 4 hours per day.
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While the federal regulations provide a baseline for employers to follow, employers always have the option of going above and beyond the law but keep in mind, if you do for one you have to do for all. If you grant this EE FMLA without her having th…
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I was at a Labor Law Clinic recently and asked this very question to an attorney. His response was that if the EE wanted to allow an ER to go back and count past absences as FMLA, we could do that. We as the ER do not have the right to demand goin…
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Current court cases regarding FMLA have shown that it is the employer's responsibilty to be aware of any potential FMLA conditions and act accordingly, as is the case with you now. In addition, while the FMLA does not allow an employer to "go back"…
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First of all I would counsel the supervisor regarding FMLA and how to notify HR when there is a possible FMLA qualifying condition. Second I would call the person into my office and go through the FMLA regulations with them and provide them with th…
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FMLA absences are ones which an exempt employee CAN be docked for.
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Based on my past experience, knee surgery is not the type that would be considered "elective". It's very possible that the employee has some type of degenerative issue with her knee wherein the physician has informed her that surgery would be requi…
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When I have employees who "flex" and make up their time I do NOT charge them FMLA.
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From your post, other than the hours restriction I don't see where she can't perform her job so I think you would have to accomodate it. As far as calculating hours, any hours she misses counts toward her 480 total allotment and once she's out, she…
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Unfortunately there isn't much you can do about your situation. I am in the same boat, although we aren't in long-term care. The best you can do is track their missed time accurately and ensure that your call-in and attendance policies are followe…