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LindaS

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LindaS
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  • If her parent has a serious health condition as defined by the regulations, it is NOT up to you to decide who would be best for caring for that person. The facts are simple, her parent is ill, she is needed to care for him (keep in mind psychologic…
    in FMLA and Parent Comment by LindaS August 2003
  • Since she is currently an employee, offer her the FMLA and state that it will run through her current termination date. You don't have to go any farther than that. As far as someplace you can find this specific in writing, maybe someone else can h…
    in fmla - resignation Comment by LindaS August 2003
  • No you do not. She tendered her resignation BEFORE she requested the leave so you can go ahead and fill the position.
    in fmla - resignation Comment by LindaS August 2003
  • I'm in WI and my understanding of both federal and state FMLA laws are that as long as you have an established policy, and have not made exceptions to it in the past, you should go ahead and follow the policy.
    in FMLA & WFMLA & 2nd Job Comment by LindaS August 2003
  • If you have the necessary information to make the FMLA designation, I would go ahead and send her a written notice that her FMLA began XX date and will continue undetermined at this time.
    in FMLA Comment by LindaS August 2003
  • Njjel - the original post states that the leave approval was for intermittent leave. I assumed this to mean that the employer does NOT know ahead of time whether the employee will be gone or not (for example, migraines) so they need to notify the e…
    in FML and late call-ins Comment by LindaS August 2003
  • I have to disagree with Margaret - approval for FMLA does not grant an employee "carte blanche" to come and go as they please. Employees are still expected to follow the established policies of the company so an employee failing to call-in within t…
    in FML and late call-ins Comment by LindaS August 2003
  • Agree with both posts - stay out of determining what a serious health condition is based on the diagnosis (which shouldn't appear on the FMLA form in the first place) and concentrate on the facts surrounding the condition. If the medical facts allo…
    in FMLA Comment by LindaS August 2003
  • In order to be eligible for federal FMLA (your state law, if there is one, may vary), an employee must complete BOTH the 12 months and 1250 hours, not just one or the other. You always have the option of going above and beyond the law but remember …
    in FMLA over 1250 hours but not quite 12 months Comment by LindaS August 2003
  • You would need to update your policy, provide copies to all the EEs and inform any EEs that from here on out, FMLA will run concurrent with WC.
    in FMLA Concurrent with WC Comment by LindaS August 2003
  • I would think the updated notice from his physician would serve the same purpose as the recertification. If you are questioning his continued disability, you always have the right to have a second opinion, at your expense.
    in Your Opinion Comment by LindaS August 2003
  • Did he answer whether this was a chronic condition? If you do not feel that you have enough information to make an educated decision, inform the employee that the paperwork has not been completed properly and have the employee take it back to the p…
    in Pain in the back Comment by LindaS August 2003
  • The company would continue to pay their portion and the EE is required to continue paying theirs. The EE should be treated the same as if they were reporting to work each day. The EE can choose to pay the entire amount they will owe prior to going…
    in Co pd ins prem pd durning FMLA? Comment by LindaS August 2003
  • This is something that has been addressed in previous posts but I will give you my interpretation... FMLA grants an employee be allowed to return to the same position upon return from leave the same as if they hadn't been gone. This does not grant…
    in Is employer allowed to change job duties/hours of employee who has been using paid leave, interspers Comment by LindaS August 2003
  • Federal FMLA provides a BASELINE for employers to follow. Employers can always choose to go above and beyond what the law requires, as long as you do it for all affected employees. As far as the promotion and salary increase, if you fail to give i…
    in Promotion while on maternity Comment by LindaS August 2003
  • It's not the EEs fault the paperwork hasn't been returned and you have enough information to qualify this as a serious health condition even though the actual form hasn't been returned. Go ahead and track it as FMLA and notify the employee of such.
    in Not Returning Paperwork Comment by LindaS July 2003
  • The periodic counseling sessions qualify as "continuing treatment" under the serious health condition definition. It would probably qualify.
    in Period of incapacity Comment by LindaS July 2003
  • Thanks to all of you for your responses. While I am not a sufferer of migraines, I am aware of how awful they can be. We decided to address her performance on the job, not taking into account her absences (obviously) and determine if she is perfor…
    in Can anything be done? Comment by LindaS August 2003
  • [font size="1" color="#FF0000"]LAST EDITED ON 07-21-03 AT 03:00PM (CST)[/font][p]Yes - as long as she has met the other requirements (length of service, hours worked).
    in Off Site or Telecommuting Employees Comment by LindaS July 2003
  • Doesn't your attendance policy have a clause about prescheduled appointments? At a former company (unionized) the attendance policy had a clause regarding prescheduled appointments. This was a company that required alot of overtime during certain …
    in FMLA and Prenatal Classes Comment by LindaS July 2003
  • I think the problem you are having is you are looking at the diagnosis and NOT the medical facts surrounding the disgnosis. Under the federal FMLA, a serious health condition is defined as continuing treatment by a health care provider. This inclu…
    in HELP Comment by LindaS July 2003
  • If the bonus is based on profit, and not on individual production, an employee taking time off under FMLA should receive this bonus the same as if they were working. The attendance requirement of the bonus should not include FMLA qualifying absence…
    in Is a bonus a benefit under FMLA? Comment by LindaS July 2003
  • Whenever FMLA leave is forseeable, you, as the employer, can require advance notice of up to 30 days of the need for the leave. The leave should also be scheduled so as not to unduly disrupt business operations.
    in FMLA Comment by LindaS July 2003
  • Inpatient hospitalization is only one aspect of determining a serious health condition under the federal FMLA. You would also need to look at follow-up care, absence of three days or more, etc. Don't look at just the condition but the facts surrou…
    in FMLA for Tonsillitis Surgery? Comment by LindaS July 2003
  • My understanding of the FMLA is that union affiliation doesn't come into play. Under the regulations of a "child" is states that a person who is over 18 but incapable of self-care is an eligible dependent under the law.
    in FMLA-PUBLIC SECTOR Comment by LindaS July 2003
  • I believe the case Skyrocket is referring to is Ragsdale v. Wolverine wherein the decision was made, by the federal courts, that stated the failure of an employer to speficially notify an employee that their leave time was being counted against FMLA…
    in "Eligible" employee Comment by LindaS July 2003
  • I agree with "Don Ds Twin" - while the FMLA does allow for 2nd opinions, having a family member in another country makes things ALOT more difficult, if not impossible, to do. Contact your attorney as well as the "Govt. folks" for their input. Good…
    in RECURRING HOLIDAY NEED FOR FMLA Comment by LindaS August 2003
  • This is an issue that has been addressed in other posts but, to summarize in a nutshell, as long as you have documented proof that the position is being eliminated due to business reasons, you can go ahead and eliminate the position. FMLA does not …
    in Medical Leave Comment by LindaS July 2003
  • Based on the information you already have from the physician, I would not automatically grant him intermittent FMLA leave. Explain to the employee that they will need to obtain additional certification regarding his need for intermittent leave. Si…
    in Would this count as FML Comment by LindaS July 2003
  • We are a smaller employer (120 ees) and I handle all the FMLA paperwork. Once I am made aware of a potential FMLA situation, I provide the ee with the paperwork. If they are already off work, I mail the paperwork along with an explanation of what …
    in FMLA Paperwork Comment by LindaS July 2003