LivindonSouth
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I agree with Lorrie and Popeye. You cannot attempt to prohibit one from working another job while on FMLA at yours, nor can you punish, terminate or cancel their FMLA. The Act is clear on that. No, I would not encourage that or even have an opinion …
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The only way to deal with this situation is alcohol. 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.
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I guess you are stuck with yesterday if it meets the conditions of your intermittent approval. the written approval you gave her probably does not require a doctor's statement, since you cannot do that under the regs unless you do it for others. The…
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Based on what you say, I think her intermittent approval should be conditioned on her following doctor's orders, which include seeing him if she becomes ill. On the other hand, she cannot be considered on intermittent leave if her physician implie…
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If you're feeling real charitable, you might also remind the employer that HE is required to log the incident on HIS OSHA Log. Your comp, his OSHA. Be careful; she may have an ADA claim as well since depression is typically a disability. But, sinc…
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We always run FMLA and comp absences in tandem. In your case, he would be charged with FMLA for any work absence, but not the two light duty days. As soon as he was sent home, his FMLA clock starts ticking again. In this state, once FMLA is exhauste…
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No, that cannot be me. I pick up the beer cans in my back yard. 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.
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A man who is in the final stage of adopting a child, falls ill suddenly and is hospitalized and bedridden for three weeks, following which his wife slips and falls picking up beer cans in the back yard and he has to attend to her daily needs for a w…
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Since her lack of cooperation has neutered your attempt to get a third opinion, I would hold her to the most restrictive of the two opinions she brought in. If that one does not fit nicely with the demands of the job, you are looking at termination.…
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In that context, the only type of employee who would be advised that the employer intended to deny restoration would be a 'key employee'. In that event, the employer can not recover premium amounts paid. The continuation right applies to all employ…
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I agree. I would also have told him (and others) that the company expects them to make appointments toward the end of their day or shift. Not surprisingly, most people seem to take a whole day off for a doctor's appointment, like they are entitled t…
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If you are serious about FMLA and following through, you are obligated to send the paperwork since the ee has missed three days and you know or suspect it's due to illness or will be claimed as such. I'm hoping you have the policy posted and in hand…
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I have good news for you! Stop fretting and stop trying to decide how you are going to save this employee/friend. Go into the manager's office, shut the door and say, "OK, what are we going to do?" Let management decide. HR can handle the legal rami…
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[font size="1" color="#FF0000"]LAST EDITED ON 07-20-05 AT 03:03PM (CST)[/font][br][br]"I certainly don't have time to follow a light duty employee around all day to make sure they're following restrictions." Well then you probably don't have time t…
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I've never known a STD or LTD carrier to do anything other than require paperwork and pay the weekly benefit. We don't have a specific "Return to duty form". We may or may not return workers to restricted duty based on what the physician's return to…
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First, no employee (here) returns to work without the knowledge and approval of HR and then only following a review of their return to work form from their doctor. We often return employees to work on a restricted basis (some still call it light dut…
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[font size="1" color="#FF0000"]LAST EDITED ON 07-17-05 AT 04:21AM (CST)[/font][br][br]TMI. No Comprendo. Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortab…
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That's correct. All that's required is that it be a qualifying condition. It could, for example, be intermittent, never two days in a row. Or it could be as simple as one overnight in the hospital followed by one day of bedrest. Disclaimer: Thi…
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I've always thought it would be a mistake to train the general employee population on the intracacies of FMLA. Same with having training on Workers' Compensation and how it can benefit you to claim your injury is work related rather than personal. T…
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[font size="1" color="#FF0000"]LAST EDITED ON 07-14-05 AT 06:27PM (CST)[/font][br][br]Marc left out the part about attending an immediate family member to offer psychological support even though the family member has attendant, in-patient medical ca…
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If it's the mother who is having surgery, the daughter would be eligible unless something else disqualifies her. Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or un…
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Marc; do you by chance remember the Andy Griffin episode with the Englishman named Malcolm who rode into town on an English bicycle and tended to imbibe a bit too much? He was a butler of sorts and Andy and Aunt Bea tried their best to put him to wo…
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'Manageable' carpal tunnel? We have spent thousands upon thousands of comp dollars on this condition in recent years. I've not yet heard a physician recommend "Let's manage it". I would recommend that the temp agency NOT put this guy back on their p…
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Incidents of industrial accident or injury (work comp) are not covered by HIPAA as relates to clinics and pharmacies sharing information. Even if the pharmacist is concerned, just tell him to bill the company without providing any information about …
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[font size="1" color="#FF0000"]LAST EDITED ON 07-13-05 AT 05:23AM (CST)[/font][br][br]I worked for an employer once who had a similar practice but I think it was the first several hundred dollars. We would call the clinic or hospital and tell them t…
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In my opinion if you are a party to this, you are complicit in defrauding the insurance company who sponsors your group insurance plan. It's all smoke and mirrors and a shell game of shifting or manipulating the money. But, it's never a good busines…
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There is nothing 'illegal' about it in this state either. The comp commission has no concern about vacation or PDO. Since comp is reduced to a max of 66.6% of pay, I've known of many cases where employees 'took' half days of leave in order to gain t…
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There's also language about their being certified by the state to practice or offer services in the state, otherwise, I suppose we'd accept paperwork from witch-doctors too. Disclaimer: This message is not intended to offend or attack. It is po…
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Gillian3 is the one who recommended 'a frank discussion' in post number 1, above. Perhaps he will explain. Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfor…
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We're talking about two different things here. One, FMLA is the federal program where an employer obtains a medical certification stating that the absence is medically necessary. Two, ADA is the federal program where an employer considers accommodat…