LindaS
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At the company I work for, we have a "Flex Time" policy for all non-exempt employees (exempt employees do not need this policy due to their exempt status). The way is works is the employees are allowed to "flex" for doctors or dentists as often as …
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In Wisconsin, the portion of FMLA that allows intermittent leave for the birth or adoption of a child states that any intermittent leave must be taken within 16 weeks of the birth or adoption. After the 16 weeks, federal kicks in and an employee ca…
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Does your policy allow for exempt employees to get paid for taking care of other family members with serious health conditions? For example, if his wife had cancer and he needed to take time off to take care of her would he get paid? If so, then h…
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Is there something wrong with the daughter or is it just that the employee wants to be there when the grandchild is born? Due to the age of the child and the fact that the child is able to care for herself, it would not fall under either ADA or FML…
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I agree with both. We currently provide a perfect attendace award and it was a hard pill for employees to swallow that several individuals who missed time under FMLA still got the award.
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In the state of WI, any health care provider that is certified in the state falls under the "Health Care Provider" provision of FMLA so here, if the counselor is licensed, we would have to accept their assessment. A person being treated for alcohol…
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I have run into this on several occasions and have told the individual to be honest with UC. We do not dispute the claim and if, for some reason, the UC office determines that they are not eligible, I talk to them (the UC office) and explain that t…
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How often are these meetings? My thought is that they do not fall under FMLA since the time off is not "to care for" the individual. You always have the right to go above and beyond the FMLA but to do it for one, you must do for all. Is there som…
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Paul - In every company I have worked for, HR has always been notified of absences of employees. This is how I have become informed of FMLA situations when an employee has been absent for less than three days (In my current company I get the absenc…
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In my experience, most employees will use ALL leave that is available to them as they feel it is owed to them and not a benefit. In addition, I have found many employees that want to have various things "excused" and not be forced to use vacation o…
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I don't think "warped" is the correct term and I tend to go back and retroactively designate FMLA absences with suitable documentation as well but have been experiencing problems in this area. Who tracks attendance of employees if HR does not? How…
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Does this policy also state that the sick leave must be physician verified? If not, how can you verify that the reason the person is ill qualifies as a "serious health condition" under FMLA?
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If you have an employee for whom FMLA has been previously approved for intermittment leave, you cannot require a doctor's slip for each absence. You can, however, require periodic updates to the certification (typically that is done on an annual ba…
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I would also verify that there is not a state law in place that is more lenient as well.
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When you provided her with the paperwork did you inform her that she only had 15 days to return it? If not this is something you may want to do in the future but for this case, I agree with Rockie - send her a letter informing her that she has unti…
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If the doctor's release allowed them to return without restrictions but the employee is complaining of lingering pain, etc., I would require them to return to the doctor for an updated form.
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I heard about the 25 employee proposed change but not about requiring it to be at least partially paid.
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I agree with Don in that the days off do not necessarily have to be work days but rather calendar days, at least that's how I do it.
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Neferlaw is correct - if the leave is paid and the employee has paid their normal portion of the health insurance premiums, an employer cannot go back to collect their portion of the premiums. If the leave is unpaid and the employee has not paid th…
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The FMLA regulations DO allow an employer to recup premiums the employer paid on behalf of an employee if the employee does not return from leave regardless of whether the leave is paid or unpaid. Was the employee notified when they went out on lea…
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Does this employee qualify for FMLA leave? Have you provided her with the necessary paperwork? If so, has she returned it? It sounds like you do not have the necessary information to make a determination as to whether the illness qualifies under …
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I would go back and designate the entire leave as FMLA as long as the condition for which the employee was out qualifies. I'm not familair with a two day rule but I am familiar with the 15 day rule which allows an employee up to 15 days to provide …
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A serious health condition as defined in the federal FMLA states that a serious health condition is defined in a variety of ways. One way is a period of incapacity of more than three consecutive days which includes at least one visit to a health ca…
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You are correct regarding the termination of an employee but each employee, regardless of whether or not they are on leave, has to be granted an opportunity to meet with the manager and have an evaluation. If I'm understanding your posting you are …
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If the employee is eligible for FMLA and has the necessary paperwork completed by a health care provider as listed in the regulations then, yes, I think that would be something that would be covered. One of the areas listed under the "serious healt…
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There are a couple of issues to address and the first one is to determine how long the employee will be incarcerated. If the employee is in detox and doesn't have any other charges against her then she should get out sometime today which means that…
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My understanding is that this manager had good attendance until recently wherein she began using FMLA for which she qualified for, correct? This being the case I would say that YES there is reason for you to be concerned. FMLA states that a person…
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I have been in the same situation with employees and unfortunately I haven't found much that can be done regarding this type of abuse. I have spoken with many HR professionals regarding this and the best that I have received is that if you find a c…
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Assuming that you are running the federal and state FMLA laws concurrently and the required 12 months has passed since the employee ran out of FMLA leave then, yes, the employee would be entitled to an additional 12 weeks under the federal law. The…
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Under the federal FMLA you CAN require an employee to exhaust paid leave just be sure you have a written policy in place. The only caution I would throw is whether or not you have state FMLA regulations which are different from the federal. For ex…