LindaS
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Unless you have state FMLA laws that differ from the federal, caring for a sick brother would not fall under FMLA but you may want to look at allowing this leave, with backup documentation for the need for the leave, of course.
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I don't think sending her for a 2nd opinion is a good idea. You are dealing with a person who is very likely in a fragile emotional state and is, presumably, seeking treatment to deal with the problem. In all likelihood she is being given prescrib…
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As long as the physician's certification allows this condition to fall under the FMLA (which it probably will) you have to allow the time off.
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Are you actually extending FMLA and all the rights associated with the law or are you simply extending a leave of absence? If you are choosing to extend a leave of absence, once the initial 12 weeks have passed, all job/benefit protection under the…
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I agree with Cthr - I think you would have a hard time proving FMLA abuse in absence of video showing her engaging in some type of physical task (dancing, etc.). I understand your frustration with this case but both federal and state regulations ma…
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If you can allow her to leave early, go ahead and do it but begin her FMLA clock ticking with the first day she is off work. As for STD benefits, chances are the insurance company will not begin paying her until one of two things happen: 1) She re…
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I have to disagree with Nick with regard to the fact that grandchild would be considered immediate family. The federal FMLA defines immediate family member as spouse, parent or child but does not extend to grandchildren. The serious health conditi…
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On the information provided by the ee's physician did it indicate anything about when a follow-up appointment was scheduled? How long has the employee been out? Do you have a policy stating how often an employee needs to contact you to keep you up…
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If an employee cannot return after 12 weeks you would need to look at ADA to see if the person would qualify under that law and if so, determine if an extended leave would be a reasonable accomodation. If the additional leave is not "reasonable", y…
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Is she off for a health condition or due to the birth of a child? If it is for a health condition, I would not recommend it. If she is off due to the birth of a child, you can give her a call to see if she wants to come in. If she does, great. I…
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Don - In answer to your question, we do not require a reason for wanting vacation time but she was providing the information in the hopes that we would go outside the CBA and allow her more last minute vacation days than she was allowed. As for a …
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I agree with Bethann - document, document, document. If you have already done this, bring this documentation with you when you meet with HR so they are aware of the history. This employee needs to be made aware that simply because she has been app…
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I think that unless you have documented proof that this employee is elsewhere during the ENTIRE time he would normally be working, you may have a tough time engaging in any sort of disciplinary action against him. For example, if you know that the …
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It is my understanding that if the time off is for the serious health condition of the child, my understanding is that they EACH have a total of 12 weeks off - this includes any and all "bonding" time as part of each person's FMLA allotment. If the…
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I agree with Don six months would probably not be considered "reasonable" unless, of course, you have done this with other employees.
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Adoption is covered the same as if the female gave birth to the child - no distinction is made in our FMLA polcy.
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If they are still getting the job done, as well as meeting whatever hours you require, I would not be charging them FMLA time.
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If an employee is out for more than three days they are required to return with a "return to work" slip from a health care provider.
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I agree with PAhr but am curious how this individual would be eligible for unemployment before he is actually laid off. We have several employees who have been approved for intermittent FMLA and have been able to utilize voluntary layoffs to provid…
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I agree. Do not treat an FMLA eligible employee any differently from any other employee. We have a Flextime policy in place and FMLA time is ONLY charged if the employee misses time, notifies us it is for FMLA (and the ee has been previously appro…
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Mary - one suggestion that may help is to obtain information regarding some of the cases that have gone before various courts where supervisors have been held personally liable for FMLA infractions. I know of one case (can't remember the company) w…
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We have a salary continuation policy in place for our exempt employees. What this means is an employee who is off for a medical reason, as verified by a health care provider, continues to receive their FULL salary for up to three months. After the…
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Pregnancy should be treated the same as any other serious health condition regarding paid leave. As for FMLA, the employee is entitles to the full 12 weeks, although as others have said this can be unpaid, for the birth of a child. Allowing one em…
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Popeye - Although I am confused about requiring a dr.s slip for these absences for my employee, I would have to disagree with you regarding the employee's need to call in to inform the employer of their absence. Last year there was a case (Lewis v.…
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I agree with both of the above posts. The DOL FMLA form (and all other FMLA forms I have seen) do NOT ask for a specific diagnosis but rather the medical facts surrounding the condition and both conditions in question are FMLA qualifying. Did you,…
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Leslie is correct with both the ending of the FMLA and how to handle the situation with the EE returning to work. I would call the EE in for a meeting and, using delicacy and tact, discuss her return to work. Use your best judgment regarding what …
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I would go ahead and allow her to use the funeral leave as it states in your policy but I would not pay her both. Although this may extend her paid leave allotment for FMLA, it would be consistent with your policy in allowing any other employee the…
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Yes it can as long as your policy states that FMLA and WC run concurrently. If your policy does not state that, you should change it so that it does and notify the employee, in writing, that the time off will count against their FMLA allottment.
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I'm in the same boat - good luck!!
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You should have sent the paperwork with the first day he was unable to work but in answer to your question, you can send him the paperwork now, have his physician complete it, and make sure you note that his FMLA "clock" is beginning with the sendin…