LivindonSouth
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The one I most often reveal was an elaborate dissertation by the physician that one of our engineers needed to be off work at minimum two days per month, perhaps three, month after month for an undetermined length of time, perhaps years because of h…
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I don't disagree with anything posted; however, I do want to re-emphasize that it is indeed the HR professional's responsibility to review the information at hand and make the final determination as to approval or disapproval. I'm sure this qualifie…
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But, only deny it after you have the cert in hand. If you deny it without allowing the process to unfold, she can call the feds in on you for violation of her rights in regard to FMLA.
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I think I would just deny the leave. I feel engaging today. x:-)
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Well, there's nothing in the regulations that will allow an employer to actually deny an employee the opportunity to apply for FMLA. And there's nothing in the regs that limits an employee in the number of times he/she may apply. It's an entitlement…
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I agree with what you say with one exception. You said you are 'very frank' with the employee. Then you said you would tell him you 'suspect a pattern'. That is not very frank. Very frank is telling him, 'John, looking at this calendar (here on th…
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If I'm not mistaken, FMLA requires that you maintain, in force, the health insurance the employee had prior to going out on FMLA. And that the employer can recover the employee portion of the premiums paid on their behalf, while out. FMLA does not r…
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S&T: I don't know how these things are calculated. I think I might call my carrier and ask them how they come up with this stuff? I have no idea how those things are computed or, frankly, what their value is and who looks at them. I don't mind a…
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It's my understanding that you terminated the employee for the way he performed his job, poorly and unacceptably. You did not terminate him for having, or anything related to, a medical condition, about which you didn't even have knowledge. There is…
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Texas has its own and the oddest workers' comp law in the nation. This is a matter for an attorney to guide you through, not one to pursue without counsel. Good luck and let us know how it goes.
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You're right. His employer is wrong. The 12 months need not be consecutive. You might slip him a copy of that section of the regs and let him take it in with him. "Life is a tragedy when seen in close-up, but a comedy in long-shot." Charlie Chap…
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I've missed something. 24 hours a day? Is this going to be intermittent with her caring for the daughter only on weekends or will she be doing this 24 hours a day as you stated? Sounds like to me she successfully wiggled herself out of weekend duty …
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It's really not required that the employee be able to recall precisely how the accident happened, and in, I estimate, 70% of accidents, they have no idea the sequence of events or exactly what happened. Even if she did trip over her own feet, it's s…
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Pork is correct. In this state, that incident would be workers' comp. We currently have exactly that. The ee had clocked out, was leaving, had stepped from a short stairway onto the concrete parking lot, slipped and fell and shattered her ankle. Twe…
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Whether you are or are not covered by the ADA and FMLA, an employer is always at liberty to require a fitness for duty report from the employee's physician. You do not have a right to inquire about the nature of the illness or injury or the specific…
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Super advice! Just today we remarked about last week's deposition, "You know, we could have settled this for less than four thousand dollars and now we'll spend ten or more, but, our intention is to send a message throughout the plant that we are no…
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Our attorney feels like it's beneficial to have the employer's representative at the interrogatory table when our comp doctor's are being deposed, since we are the ones with the relationship with him and we are the ones who make the referrals to him…
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I think it was Larry who indicted you don't have much to do. My experience has been the opposite. I hate like hell to see an envelope from our comp carrier's attorney (thus ours). I know it will put me to work for hours. Each time it's usually the s…
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What kind of 'injury'? We have three going on right now where the (ex)employees claimed work-related and the carrier denied them. (1) employee claimed he hurt his foot at work but told the doctor he hurt it three weeks earlier. (2) employee claimed…
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No, to the question of a second opinion. The employer canNOT require ANYthing of the family member.
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forget the fact that he used to be an hourly employee. Remove the word 'union' from the thought process. Neither of those is relevant at the moment. Pay or don't pay him in accordance with your policy. If you don't have a policy, pay or don't pay hi…
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The employee does not qualify for FMLA as he has only been employed there for nine months. I know these things. And don't call me Nellie. That's supposed to be a secret!
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No, you cannot. You could try but the doctor, if you ever even got to him, would know better than to discuss his patient's condition with an employer. What I would do in this case is tell the employee they cannot return to work without a full fitnes…
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'Immoral or unethical' could be pretty tenuous. You may be giving some employees the right to refuse work based on some screwball personal explanation that it's somehow immoral according to their mindset. You have in effect created the ultimate esca…
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That's a pretty meaningless, screwball document. Might the man be willing to say which work areas are unsafe? And if he identifies them, how does he justify having and keeping them? How is one to know that a work area is unsafe? Regardless of those …
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Is there an echo in here?
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I agree witht he honorable participant from New York.
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She has 12 weeks from the first event of absence due to a serious medical condition or the birth of the baby or absences related to her pregnancy. But a key factor is your punching the clock to get it started. She's going to get 12 weeks one way or …
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This is certainly the most 'unusual' FMLA event I have ever heard of and I wish you all luck with the outcome(s). If you did not put her on FMLA (which you should have) when she initially went out, I would not try to go back and do it now. Yes, all …
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I agree with the other two responses. If it were as simple as scheduling a day to pick up vegetables at Wal Mart, that would be workable. Some medical situations, tho, require a bit of flexibility on the part of the employer. This will probably be o…