LindaS
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In answer to your questions, recent court rulings have stated that it is the employer's responsibility to designate a FMLA qualifying event. If you have enough information that you can make a reasonable assumption that FMLA may apply, you should be…
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Sher - Njjel is correct in his assessment that the employer must go with whatever law provides more favorable regs. for the employee.
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Sher - In response to your comments, as well as to update on the situation, this is the route I took... Although the federal regs. allow for intermittent leave for this purpose ONLY if the employer agrees, WI regs. state an employee has 6 weeks in …
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That was my initial thought as well but it appears the kids are going along.
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Agree with njjel. Once you have returned her to her previous position, she must fulfill the same job responsibilities she had before she left. Unless there is an ADA issue, you are not required to make any job modifications UNLESS you have done th…
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I would go ahead and put the amount she currently owes for her portion of the health insurance in the letter. I would also encourage her to contact you to discuss payment options. If she is receiving some type of pay you can offer her the option t…
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If the employee has a release that prevents her from doing her job, you have every right to decide NOT to allow her to return until she is able to perform her job. In that case, she remains on FMLA until either a) she is able to return to her job, …
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Under the federal guidelines, it is up to the employer to allow an employee to utilize intermittent leave specifically for the birth of a child, which I would interpret this to be, so this decision is up to you. The only catch would be if there wer…
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Under 29CFR825.114 under the definition of a "serious health condition it states, "Continuing treatment by a health care provider includes one or more of the following, (i) a period of incapacity of more than three consecutive calendar days, and any…
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The federal FMLA regs require BOTH that an employee work 1250 hours and have worked 12 months so even though the ee had the hours requirement in before they went out on leave, they still did not qualify for FMLA until they reached the 12 month anniv…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-28-03 AT 03:52PM (CST)[/font][p]I believe this is something that was discussed previously pertaining to maternity leave. You should have started the FMLA clock "ticking" when the ee reached her 1 yea…
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As long as there is paperwork stating that your employee has legal custody of the child, it is covered.
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So even though the physician has indicated there shouldn't be ANY periods of incapacity, I should go ahead and approve the leave request simply because she has these conditions?
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I would have to say that it was covered.
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Based on the regs. regarding bonuses, it seems that your policy regarding "perfect attendance" would not be in compliance.
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That was my understanding, as well as my practice, also. Thanks for the help.
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Unless there is a state requirement requiring otherwise, it is up to the EMPLOYER to determine whether or not to run FMLA concurrent with vacation/sick/PTO, etc.. Otherwise it is unpaid. Here in WI, the FMLA regs. state that it is up to the EMPLOY…
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Sonny - the DOL website [url]www.dol.gov[/url] provides the definition of a "serious health condition" under the federal regs. It specifically states that absences relating to either pregnancy or a verified chronic health condition qualify for FMLA…
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The item I'm not noticing on the original post is if the children of the ee have qualifying medical conditions for FMLA leave in the first place. Although unfortunate, a one or two day illness for a child, even if they are not allowed in school and…
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I would like to follow up on Deonne's comments regarding a company REQUIRING or ASKING an employee to use vacation time to attend the funeral of someone who is not covered in their policy. As I stated in my last post, we require our bargaining unit…
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Our CBA is quite specific with regard to the family members that are covered under the Bereavement Leave policy. "Step" family members include parents, children and siblings but step-grandparents are not included. If an employee wants to take off …
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I have had this situation before and our policy does not include "step" anything so it was not covered. Like Don said, you have the option to broaden the policy but you need to take a look at the long range issues in doing so. Be careful of broade…
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Let me apologize for my initial response. I read it too quickly and thought the first day TAKEN was October 30, 2002 which is why my response was what it was. That being said, I begin counting from the first day the time was taken and as of that d…
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She would not be eligible for FMLA until she completed the year which would be October 30, 2003.
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FMLA paperwork should be filed separately from the employee's personnel file. I put all FMLA paperwork in the employee's medical file which is in a separate, locked, filing cabinet.
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FMLA regs state that you have the right to ask for new certifications on a regular basis but not less than 30 days. Just make sure EVERYONE is required to do this and not just certain people.
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I answer to your questions: 1) Yes it is permissible to cut her salary for the time she is missing without jeopardizing her exempt status, as long as the time she is missing is FMLA. 2) THe time she is working does NOT count against her FMLA all…
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Agree with Popeye - I would suggest changing your handbook to ensure you are in compliance with FMLA.
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Is the employee acting in the role of parent or legal guardian?