LindaS
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Comments
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If you are unable to accomodate his restrictions the time missed would count toward his FMLA allotment, not towards your attendance system.
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You can go ahead and lay her off now just make sure you have solid documentation verifying that her layoff was due to business reasons and not as retaliation for her utilizing the FMLA leave.
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If you are questioning the validity of the paperwork, call him in for a meeting and explain the situation and require another set of papers to be completed. If the 2nd set comes back the same, and the person is not considered a "key" employee withi…
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If I understand your post correctly, there was over a week that went by wherein you didn't hear anything from either the employee or a representative (ie, spouse) so you decided to follow your policy and terminate which is the same thing I would do.…
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Actually, Marc, I would disagree with your assessment about not terminating the employee. The courts have held that, while an employee's absence MAY be covered under FMLA, they are still required to follow whatever attendance/call-in policies the c…
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Once the FMLA year starts, whatever you have deemed that to be, it starts. You are only counting the time an employees missed due to an FMLA reason so I don't see how someone can "go off" FMLA once it has been approved. If the reason for the FMLA …
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I have to disagree with Mwild. From the information provided, she requested intermittent leave to care for her husband who has a continuing illness. He has not been "cured" of the illness but has reached a point that he doesn't need continued care…
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I believe that if he has worked over 1,250 hours and has over one year of total service, he qualifies for FMLA.
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Psrcello is correct regarding the regulation about intermittent leave and not being able to require a dr.'s slip for each absence. We also have 3-day return to work rule as part of our attendance policy and enforce it regardless of whether or not t…
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I would have to agree with Don regarding this scenario unless the EE is nearing the end of her leave period and you are looking to find out when she is to return to work. What did her initial approval letter give for a date to return to work? If s…
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Our supervisors complete a form regarding the absence/tardiness of all employees. If it is vacation I don't get it but I get all the rest on a weekly basis. I use a spreadsheet with each employee having a worksheet and track it that way. I can se…
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I agree with Don that if the medical certification qualifies it for FMLA, it should be granted. We had the same situation as many of you experience regarding dr.'s notes taking people off work so several employers in our area got together and had a…
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If you are talking about the employee wanting to work for your company, I would recommend having the EE discuss it with their physician and having them provide you with some type of release for them to be able to work a "few" hours during their mate…
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While I agree with Don that the form you use should not require either a specific diagnosis nor symptoms, the form CAN require the medical facts surrounding the condition (there is a difference). In addition, if the physician's information qualifie…
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Agree with Don - our STD forms go through my office so if I don't receive the specific FMLA forms back, the information on those forms is enough for me to grant the FMLA leave. If your STD is handled through a 3rd party and you don't see the paperw…
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Actually cosmetic surgery would be considered a "serious health condition" if inpatient hospitalization is required. Not only if complications develop.
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I don't know if "splitting hairs" is the correct assessment but I always require employees who have been approved for FMLA to notify the company when they are calling in that the reason for their absence is due to their FMLA condition. Failure on t…
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You have no responsibility to return an EE to a position that no longer exists simply because they were out on FMLA leave just keep in mind that you need to have supportive documentation for your decision. Make sure you have all your "ducks in a ro…
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Federal guidelines do not allow coverage for "in-laws". You may have state guidelines (we have them in WI) that DO allow for coverage for "in-laws". You always have the option of going "above and beyond" what the law requires but keep in mind you …
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As has been stated in previous discussions, you should NOT be examining the diagnosis (in fact it isn't even required on the FMLA form) but rather the medical facts surrounding the condition. If the medical facts fall within the "serious health con…
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I agree with NaeNae and want to caution you on starting the FMLA "clock" before she actually becomes eligible... Once you create a precedent for providing an EE with FMLA protection before they are eligible, according to state and federal guideline…
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Agree with Don - I would approve the request.
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Does your policy prohibit an employee from working elsewhere during FMLA leave?
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I'm assuming you have a written attendance policy in place and as such, the employee has a certain amount of responsibility to notify someone should there be an FMLA qualifying reason for absences. I'm also going to assume you provide written verif…
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I have to disagree with HealthVP's statement regarding employer's obligations. There was a court case in 2001wherein an employee simply calling in "sick" does not provide the employer with enough information to suggest FMLA may be pertinent (Collin…
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If you have solid documentation that the employees were going to be terminated BEFORE they requested FMLA, going out on FMLA does not "save" their job. Deal with them the same as you would any other employee unless their FMLA condition may be a con…
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If your policy currently states that FMLA will run concurrent with any paid leave, provide BOTH with a letter informing them that, based on the information you currently have, their time off will count towards their total FMLA allotment. If you pol…
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As long as she qualifies for FMLA, and is not determined to be a "key" employee (see the guidelines on this), I do not believe the transfer would be deemed "comparable" due to the amount of drive time.
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Couple of thoughts... 1) Regarding the EE's scheduling of appointments, you have the ability to require the EE to schedule the appointments outside of normal working hours, or at the very least, so that they do not unduly disrupt the operations of…
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While I agree with NaeNae regarding your ability to terminate, depending on your policy, you may have an ADA issue here and if so, you need to determine if allowing additional leave would be a "reasonable accomodation". My suggestion, if you haven'…