Margaret Morford
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I'd change your policy to say that FMLA will now run concurrent with WC and then certify the individual. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]http://www.thehredge.net[/url]
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Linda points out an important issue you shouldn't miss. If the employee is certified for FMLA as well as WC, she may refuse light duty, but still take the time off. However, her WC payments stop because you have work available for her. I also thi…
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Your state WC laws are going to govern that. However, I really recommend not cutting the emplyee's pay rate it even if your state allows for it. It creates bad feeling about the company, particularly since the employee was hurt while doing his/her…
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I would limit light duty assignments to 90 days. At 90 days look and see if the person has suddenly become ADA qualified. Then examine whether they would need a reasonable accomodation. Margaret Morford theHRedge
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Butch, I'd be glad to send you a copy, but I don't have your e-mail address. Why don't you e-mail me (my address is below) and I will send it to you by return e-mail? Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] […
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I'll be glad to send it to you, but I need your e-mail address. Why don't you e-mail me so that you don't have to post your e-mail address on the Forum? I'll send it to you by return e-mail. Margaret Morford theHRedge 615-371-8200 [email]mmorford…
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John, I'd be delighted to send it to you, but I don't have your e-mail address. If you will contact me either by phone (615-371-8200) or e-mail (mmorford@mleesmith.com), I'll send it to you. Margaret Morford theHRedge
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I have good language for a light duty policy that I will send you. Companies are very concerned about creating "light duty" for life, so many do not offer it for that reason. I recommend offering it so that people do not get used to being off work…
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Have you considered issuing the employee corrective action for unsafe work conduct? You may find this stuff stops when he/she gets discipline for not working carefully. On the corrective action, I would detail the injuries and dates and state that…
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Wow! I never said anything about you that needed editing. (I edited a typo I found once the message had posted.) I wrote that as a tongue-in-cheek reply to your comment about being a "clever girl." If I knew how to do emotioncons, it would have …
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[font size="1" color="#FF0000"]LAST EDITED ON 12-26-03 AT 09:29AM (CST)[/font][br][br]Don D, You cynic! Scott doesn't give conferences that I know of. He and I were once asked to speak three years ago at the same conference. I attended his sessi…
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Ethel, Scott is very knowledgable. He can't tell you this, but I can. He is one of those rare attorneys that specializes in ERISA and actually understands it! Even more rare (because I have heard him speak on two occasions), he understands what …
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Perhaps I'm wrong as well...but I thought that you had to offer continuation of all health benefits in effect at the time of the COBRA triggering event. In other words, if they didn't opt for dental and vision, they can't pick it up now. If they a…
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I don't know what kind of business you are, but remember there are also requirements about buisnesses being wheelchair accessible to the disabled. You may want to get some legal advice on this. Margaret Morford theHRedge 615-371-8200 [email]mmorfo…
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I agree with both Gar and Gene and would add this. Don't forget even with a reasonable accomodation, she has to be able to do the essential functions of the job, that includes turning out a sufficient amount of work daily. You do not have to accom…
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This is one of the best explainations I've seen of a pretty complex problem. Thanks for taking the time to walk us all through it! Gold star for you today! Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]http://…
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I think it is rare for a union to fail to represent one of its members, which would indicate that you've done the right thing. I think that you are a whole lot better off with this person outside your company making trouble and not inside. I t…
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Did you have her sign something at the time she requested the reduction in hours? If not, I'd get the consultant to give you an affidavit attesting to what the employee told her about needing time off. Based on the facts you gave us, sounds like y…
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I think you need to get some medical documentation if she is requesting a reasonable accomodation, which she can only get under ADA. Is she suffering from something that rises to the point of being a disability? So far, all you have are symptoms. …
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Can you move this person to an area where she will not be exposed to the flowers? We had someone who was so allergic to perfume/cologne that we moved him to a space in the computer room to limit his exposure. In this case, he happened to be a comp…
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ADA also protects individuals with a record of a disability. Your guy may qualify under that for a reasonable accomodation. Regardless, I'd accomodate his medical restriction and exempt him from overtime. If the union squawks, I'd have a one-on-o…
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Don D. is exactly right. Go to the EEOC, tell them the manager made a mistake and that your company is going to make it right. Offer the clerk her job back immediately with back pay. Your lawyer can tell you if that will cut off her damages. Tel…
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I have one I'll e-mail you. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]http://www.thehredge.net[/url]
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You may want to send the employee for a carpal tunnel evaluation. I read a recent article that almost 50% of suspected carpal tunnel turns out to be misdiagnosed. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]h…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-10-03 AT 06:18PM (CST)[/font][p]I have two to suggest. Reducing number of lost days and shortening time it takes to get injured employees back to work. Margaret Morford theHRedge 615-371-8200 [email…
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Your concerns are valid. However, I think discussing this with the CEO is a CLE (Career Limiting Event.) He owns the company. If someone gets hurt while doing a personal errand for him, turn it into WC and let them deal with the claim. If it's d…
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If you fire for fraud (and I believe you should), just make sure you've never had another fraud situation in which you didn't fire the employee. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]http://www.thehredge…
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I think you may run the risk of penalizing someone for exercising their rights under WC. This may be seen as retailation. I'd suggest you get some legal advice on this. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email]…
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I think you're heading in the right direction with survellience, but I would use it to talk to the employee about WC fraud, not mediate some sort of settlement. You can fire him for fraud and the employee may be liable for criminal charges as well.…
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I am assuming that you will now put the individual under WC. If your state allows you to choose the physician, send him to your doctor and have him tested at that time in accordance with your policy. Marijuana stays in the system up to 25 days for …