LindaS
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I agree
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I would like to thank both of you for your responses. After talking with our Plant Manager the decision was made to speak with the EE regarding the reason for his absence and assign him points in accordance with our attendance policy. The EE was a…
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Ditto.
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Do you have an insurance company that administers the plan or do you do it in house? If you have an insurance company that does it they may question the need for 12 weeks off based on her condition and if so, they may deny payment of the claim for …
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Keep in mind that pregnancy cannot be treated any different than any other illness or injury so I don't think there is really anything you can do other than to require her to be re-certified after 30 days. The physician, if your supervisor is corre…
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I just came back from a personnel law conference and this very subject was addressed. In my previous post I advised that it was okay for you to terminate if the ee does not return but the attorney at the conference advised us that if the restrictio…
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How did you get the dr's release? Did the employee bring it in, was it mailed? In any event, you have a release from a physician indicating the employee can return to work and that is what they should do. The 12 weeks allotted is to be used if th…
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I agree with Don in that the 8 weeks, if not offered to male employees as well, seems discriminatory. Pregnancy should NOT be treated differently than any other illness or injury when it comes to company policies. Regarding the FMLA issue, I would…
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I keep all information pertaining to FMLA in the ee's medical file which is kept separate from their actual personnel file. For tracking purposes I have a large spreadsheet with each employee having their own worksheet. I track the time missed on …
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If you have received medical certification verifying that these children have "serious health conditions" as defined under FMLA and the physician states that the mother will need intermittent leave to take care of them, that is all the certification…
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I would deny her request and explain the reason behind it (that the dr. doesn't feel that she needs time off work). I would then provide her an opportunity to have the physician re-do the paperwork, if she is insistent that she needs the time off w…
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I'm assuming the employee missed time or something that caused you to provide her with the paperwork for FMLA leave, correct? The fact that they have a medical condition does NOT automatically make that condition eligible as a "serious health condi…
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I agree with Rockie - go the certified route and if that still doesn't force a response, treat is as unexcused and follow your company policy.
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My understanding is that you cannot withhold any benefits an employee would normally have received if they had not been in FMLA leave so withholding a raise based on the fact that an ee was out on leave is not something that should be done.
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I agree with Theresa with the idea of providing a list of essential job duties for the ee to take back to his physician but we have gone one step farther with one of our ees who was out on medical. This ee was out for a long period of time due to a…
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Our attendance policy dictates that an employee must be at work the last scheduled work day before and the first scheduled workday following the holiday to receive the pay. If an employee is out on FMLA leave one, or both, of those days they are st…
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Once you do for one, you have to do for all!! I wish there was something we, as employers, could do to stop the abuse of this law!! I have an employee that does alot of the same things you are talking about and have asked other HR people as well a…
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I disagree with Whatever, under the definition of a "serious health condition" states that absences attributable to incapacity of a medical condition that qualifies as a serious health condition qualify for FMLA leave even though the employee does N…
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One thing I wanted to add came about at a meeting I attended yesterday wherein several docs met with several HR people in our town to discuss problems we had with the way they were treating patients. Among other things that were discussed was the F…
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The form I use, and I printed it from the DOL website, gives definitions of the various health conditions which helps the physicians complete the form. Do you have any other documentation supporting her migraines? Many people have bad headaches wh…
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When an employee goes out on FMLA leave, they are notified that they are required to continue making their health premium payments. They are given a 5-week grace period to make these payments and if they don't, they are terminated from the insuranc…
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I agree with Popeye that she has six more weeks but if you have a short-term disability plan they would no longer be eligible for payment. In addition, if she wants to take this time intermittently, that is up to you to decide if this would be allo…
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Although I do not work in a casino, we run into this problem quite often when employees are out on FMLA but are able to sit at the local tavern. This creates discord with the employees that are working but I don't see anyway we can force an employe…
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It helps IMMENSELY!! The employee is aware, in very simple language, what they are being approved for and what the expectations of them are while they are off. I keep a copy in the employee's medical file with the rest of their FMLA paperwork (wit…
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After an employee has turned in FMLA paperwork and it has been decided that it qualifies, the letter we send is done on company letterhead and informs the employee of the following: 1) That their leave has been approved, the start date and end dat…
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Nrdgrrl - I understand the reasons behind your policy but the situation I DON'T want to get into is employees taking FMLA leave without having the paperwork on file to back it up. We are a union facility and once you make an exception, you can be …
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Since she was notified prior to notifying you of her need for FMLA leave, there is nothing that provides her job protection now. She was aware that her job was being eliminated and as long as you have documentation supporting this, I see no reason …
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Funny that you should ask - in determing "care" one of the things that is mentioned, specifically, in FMLA is that care also includes "psychological care". I would interpret this to mean that visiting someone in a nursing home, as long as everythin…
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Typically a person is placed in a nursing home due to the fact they can no longer care for themselves so there are probably a myriad of "serious health conditions" that would qualify a person for FMLA leave. In my experience, employees have only as…
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It happens to the employees in our town frequently. The charge used to be $12.00 - $15.00 but I'm not sure if it went up or not. Not all doctors charge but some do. As far as I'm aware it is legal to charge for this, the same as they charge for c…