LivindonSouth
About
- Username
- LivindonSouth
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
50(some odd)thousand corporation. No. Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
-
It totally depends on the plan document. Some do, some don't. Read the summary plan description. Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, emai…
-
Abby: Let me jump in here and say that you are getting sideways about something that is not your responsibility to rule on anyway. You are a conduit in this process, and I have been that same conduit, as well as being a plan administrator and ultima…
-
We do what Paige does plus it's 100% vested on day one which I guess makes us like NoHR4U1yr. We also have a company pension plan in addition plus a quarterly RONA (return on net assets) profit sharing plan valued at a certain percentage of your sal…
-
This is no surprise to me. This story gained popularity at least two years ago when there was a series of newspaper articles and television stories about the failing state medicaid program. At that time I admit I was surprised at this, but, I really…
-
If you think that will be a meaningful and appropriate consequence for his behavior I see no reason not to go ahead with it. For some people that might even be considered a reward, like throwing Brer Rabbit in the briar patch.
-
I agree. Health plan brokers are often either ill informed or prone to dispense hip pocket advice. It's one or the other in this case. There is no such thing as a terminated, non-active employee. And how could a COBRA premium be pre-tax anyway sin…
-
There's a bug in the system, for sure. I think James is monkeying with stuff.
-
What's in a number? I don't know, but will ask a lady I know who just had her bust size increased. Random drug screens are frequently done outside of normal working hours, especially with over the road truckdrivers, hundreds of thousands of them. We…
-
I don't agree with what you've said. I contend that you are stretching what you've quoted to fit the answer you seek. It isn't the law in this case. "Attendance", as cited in the law, means attending work, lectures, training sessions or meetings tha…
-
I agree 100% with Linda, except for the fact I know nothing about NY WC laws. In NY can you apply the attendance policy following an industrial accident? If it were not a potential comp situation I would agree....apply the attendance policy, followi…
-
And remember that 'obesity' is not typically defined in or by HR. That's a medical definition. 50 or 100 pounds or 400 or 235 pounds is not for us to muddle around in.
-
I think the certification form appropriately links the requested absences to a medical condition that warrants approval. Your thoughts about or definition of obesity have no bearing. Use the medical certification to approve or disapprove. HR is not …
-
Fifteen years of medical school, a medical degree and a multitude of nicely framed sheepskins do not equal rational or reasonable thinking or the ability to navigate government entitlement programs. That's why they have us.
-
The certification form you send the doctor is only one of several tools you use to determine whether or not to count absences as FMLA. No doctor has the authority, under the act or your policy, to DETERMINE whether or not an absence IS FMLA. Only yo…
-
Depends entirely on the culture there and who has what level of authority. Sounds like to me that she can file for part/total UI benefits and maybe get her waiting period week behind her for this benefit year, anyway. Otherwise, sounds like you ha…
-
I agree with Marc. ANYtime an employee on FMLA or with ADA issues looming is considered for termination, a competent labor attorney must be consulted.
-
At first I thought include it but with a disclaimer from her attached. But, I agree with the gentleman from California. The ADA is very specific on this point and neither she nor her doctor have trump-authority over the ADA. The larger issue here,…
-
You're in the clear, is my opinion. If she indicated she was not coming back and you acted on theat information, you did not violate her FMLA rights, and that would be the only thing to be concerned about, should she file some sort of complaint with…
-
Can you explain the relevance of those points? Regardless of what she might have been told, or whether she was told nothing at all, the Act is very specific on the subject. She becomes eligible when she becomes eligible. Had she been told she is n…
-
She qualifies for FMLA at the point when she has been employed for a year. She has 12 weeks from that point during the next rolling 12 months, if that's how your year runs. I suppose at that point in time you start the FMLA clock concurrently with…
-
[font size="1" color="#FF0000"]LAST EDITED ON 09-24-05 AT 02:51AM (CST)[/font][br][br]If this employee is concurrently on FMLA, she is due the holiday pay. The FMLA specifically prohibits counting such absences against the employee. Employees with 1…
-
Don't know how CA law will interface with my suggestion; but, in a similar situation the employee was told that in order to remain employed he was required to permit the counselor to speak with the HR Manager about lack of progress. That finally got…
-
Be sure to check your state law. Many states have restrictions on what personnel actions can be taken while on WC. Our state for example does NOT and there's no such thing here as WC retaliation. If you were in the process of disciplinary action tha…
-
The safest and most defensible approach, and the one that will shift the testing burden where it should be, is to link with a certified physical therapist who has sufficient equipment for the pre-employment testing. If you require pre-employment phy…
-
[font size="1" color="#FF0000"]LAST EDITED ON 09-19-05 AT 01:17PM (CST)[/font][br][br][font size="1" color="#FF0000"]LAST EDITED ON 09-19-05 AT 01:16 PM (CST)[/font] You'll note that the conditions you cite are related either to performance or info…
-
No, you may not. It is never appropriate to request or require the names of specific medications. However, you can have a policy that requires an employee to report a circumstance to you that renders them unable to perform duties due to medicinal ef…
-
"T"; your question, if I understand it, is CAN you, not should you or what do I think about it if you do. The answer is, it depends on what the Texas law in that regard is. Comp laws vary from state to state. Texas has some of the oddest regarding c…
-
This is an interesting read on the regulations. The regs do state in several places 'a company doctor'. Although we do routinely refer candidates to a specific clinic (part of a chain of them) for pre-employment physicals, comp, etc; we DO NOT have …
-
You would not be wise to base a decision to get a second opinion on a 'Johnny come Lately' remark from another employee. The regs are very clear about conditions under which you may require recertification. The doubts of a supervisor, following appr…