LivindonSouth
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[font size="1" color="#FF0000"]LAST EDITED ON 07-06-05 AT 08:48PM (CST)[/font][br][br]"Finally, tell her that you have the right to ask for medical certification and will do so if you think that she is taking advantage." If this employee is on int…
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I think I would avoid the use of terms like 'business necessity' and 'undue hardship'. It seems to me that all that does is encourage an attorney, or somebody representing him, to attack those terms and dissect them and harangue you into defining an…
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I can't think of a way it's physically possible for the ee to damage or cause risk to the environment unless the condition causes the ee to emit some sort of chemical or toxic substance. Since I'm sure that's not the case, I would deny the request a…
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"However, defense attorneys rarely do and judges and juries need considerable persuasion." Not to irritate you (and I'll invite you to read my disclaimer) but, that's a pretty broad-brushed, although safe assumption you make, with absolutely no met…
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It's a popular misconception that 'precedents', once 'established' take their place right up there beside the ten commandments, become etched in stone and must forever more be observed. That is not correct. An employer has the total liberty to rever…
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If I'm not mistaken, the ADA addresses disabilities and defines them as permanent conditions that alter one or more life activities, not those subject to alteration or those that are expected to change with drug management. A condition successfully …
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Admittedly I hurriedly bounced through your post due to the amount of detail. My first reaction is that you seem determined to accommodate, regardless of the imposition visited upon the employer and its employees. That imposition, to me, equals 'unr…
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You should be on sound footing unless in the unlikely event of the ee saying that he never understood or saw the policy and thought he did what he was supposed to. The Act requires posting the policy and procedure and it's best to have his signature…
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It may not be relevant, but, where did you mail the medical cert. If he left for Mexico, he has no knowledge of it. However, I'm sure your policy is in the handbook and posted and he has not followed your policies and instructions. I would terminate…
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Another good example of lawyers passing laws to benefit lawyers.
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I'm thinking maybe one of the Carolinas? Actually, nothing 'causes' carpal tunnel syndrome, other than birth. It is a condition present in the wrist area from either birth or early age. The alleged activities that exacerbate the condition and cause …
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You did the correct thing. Supervisors' knowledge of FMLA typically ranges from dangerous to surface. I always advocate that supervisors are not supposed to be remotely involved in the actual administration or decision making involving FMLA. They sh…
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In regard to PorK's post, it is a fact that temps also have the right to vote in NLRB organization efforts. It matters not that they are not 'employees'. Anyone working for the potential bargaining unit in a capacity that might be covered by a colle…
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Another wrinkle; I'm also told that time working at your site as a temp also counts if the ee then becomes a regular employee. Not sure what that's all about.
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Indeed she does. The Act does not say she must have worked in each of 12 months in the one year period. That's where the 1250 hour factor comes in. Just my opinion.
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I disagree. Why stir that pot when you already involved in responding to one set of subpoenaes and responding to interrogatories? The insurance company will find out soon enough and begin its own recovery process. The employer is eventually footing …
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[font size="1" color="#FF0000"]LAST EDITED ON 06-24-05 AT 01:15PM (CST)[/font][br][br]Allow for WHAT? I realize it is after 8 pm and most of what you post after that hour is later edited, so go ahead and edit this one. I have three, count them, thre…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-22-05 AT 04:16PM (CST)[/font][br][br]Unlike TN, I don't read this as 'having acknowledged it as comp'. You did what I would have done under our comp law and in our relationship with our carrier. You a…
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I don't know anything about that but I think you might contact the MRO at your current collection & reporting center and ask for an opinion and comparison. I don't know the importance of this, but I do think whereas a urinalysis is not a medical…
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Additionally I would question his statement as to what his capabilities will be after the surgery, primarily because he does not have that knowledge. I have a shop manager out as we speak for hip replacement. He had the other one done this time last…
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Salute to you. I wish there were a way for you to tell him that everybody needs help with these things on some level and he's no different.
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[font size="1" color="#FF0000"]LAST EDITED ON 06-21-05 AT 12:52PM (CST)[/font][br][br][font size="1" color="#FF0000"]LAST EDITED ON 06-20-05 AT 07:36 PM (CST)[/font] My God, PoRk. What an affront to everyone's sensibilities to videotape such a beni…
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You might also want to consider typing up a very brief release form for her signature, something like: "Ann Jones, my aunt, is hereby appointed by me to help me with my personal affairs. Ace Enterprises has my permission to discuss with Ann anything…
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What you are doing is perfectly acceptable and perfectly legal. It violates no FMLA or any other regulations. People miss work and they can be required to make it up. Period. Keep up the good work. Post often.
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Can you elaborate a little about your work situation?
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I've read the Act pretty much wall to wall many times and do not recall seeing that. I'll stand by for others who may have though.
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You're handling this situation exactly correctly with what you suggest. This is a great example of disciplining the behavior/performance rather than the disability.
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A power of attorney in no way establishes the standing of en loco parentis. Although your company can, if it wants to, the Act does require that you approve this particular situation. If this were the case, anybody could get approved for FMLA absenc…
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I agree with Lorrie. Deal strictly with the schedule, not the mention of or consideration of the word overtime. That's irrelevant. If you schedule him to work 10 hours and he works 5, 5 would count toward FMLA. However, in my opinion, your schedule …
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To answer you initial question, job rotation can be an essential requirement of employment. In our situation it certainly is. The only time an employee temporarily has that requirement suspended is in the case of Workers' Compensation return to rest…