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Margaret Morford

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Margaret Morford
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  • I think if he were married to the mother, he probably would be eligible for FMLA to take her for her doctor visits. She gets FMLA for pre-natal care because it is considered a serious illness, so why woulodn't he be allowed FMLA to care for her? I…
    in His baby, but not his spouse Comment by Margaret Morford March 2003
  • We managed to put a stop to this when we put up a memo to our employees that stated in order to put them on FMLA and protect their jobs, we had to have medical certification. It has come to our attention that the following doctors in our community …
    in Doctor's charge for Certification Form Comment by Margaret Morford March 2003
  • But she still gets a total of twelve weeks. You can't double count her FMLA because she got two qualifying events at the same time. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]http://www.thehredge.net[/url]
    in Multiple FML leaves Comment by Margaret Morford March 2003
  • The employees get to choose how they want to divide the 12 weeks. As far as being a key employee, I've asked all my HR and attorney buddies and none of them have ever used the key employee thing to deny FMLA because it's so fraught with proof pro…
    in FMLA for Spouses/Key Employee Comment by Margaret Morford March 2003
  • Many companies run FMLA concurrent with WC. They do it for the reasons you stated above. Just make sure that there's nothing in your state WC laws that prohibits this and that you are notifying the employee in writing that this is being counted as…
    in Did I error? Comment by Margaret Morford March 2003
  • If an employee winds up in the hospital for two days, don't you also count it as FMLA even though it does not exceed three days? How does your policy handle those situations? Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/e…
    in Automatic FMLA? Comment by Margaret Morford March 2003
  • Maybe I missed something in the original post, but I think it stated that most of the employees taking maternity leave request to use benefit time during FMLA. FMLA permits the employer to decide whether the benefit time and FMLA runs concurrent. …
    in FMLA accrued paid vs unpaid time Comment by Margaret Morford March 2003
  • I'll try to help on this one. Intermittent leave is when the employee still works some time during the leave period. This can be an hour a week. You must grant intermittent leave for the employee's serious medical condition or a family member's s…
    in Definition of Intermittent Leave Comment by Margaret Morford January 2003
  • One thing you might consider is whether a broken arm is a serious medical condition before you even begin the count. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]http://www.thehredge.net[/url]
    in Counting consecutive days. Comment by Margaret Morford January 2003
  • There's another one about a nurse (I think)who couldn't work her regular job, but continued her part-time job. I don't have a cite, but I'll try to find one. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]http:/…
    in Moonlighting while on FMLA Comment by Margaret Morford January 2003
  • You need some legal advice, but I believe you are permitted to request additional information. I think you can ask the doctor (not directly as you pointed out, but through the employee) to estimate how much FMLA the employee will need given their c…
    in Abuse and Intermittent LOA Comment by Margaret Morford January 2003
  • Did you get the doctor to certify her for FMLA or did you just get a doctor's note? If you don't have FMLA paperwork from her doctor, give her the forms. See if her doctor will certify her. If he certified her, you can get a second opinion and se…
    in Misuse of family leave Comment by Margaret Morford January 2003
  • I'll be glad to send them to you, but I need your e-mail address. If you don't want to post it, just e-mail me and I'll send the forms back to you. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]http://www.thehr…
    in FMLA Forms Comment by Margaret Morford January 2003
  • I'll e-mail you a set of every form you'll need. Call me if you have any questions. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]http://www.thehredge.net[/url]
    in FMLA Forms Comment by Margaret Morford November 2002
  • All the men can take the full 12 weeks anytime within the first twelve months of the birth of the child for the purpose of bonding. You get to choose whether you will let them take it intermittently. I recommend that you do not do so or you will f…
    in Men and ChildBirth Comment by Margaret Morford October 2002
  • We always made it clear that regardless of whether the employee told us they were going to return or not that we would give them the full FMLA they were entitled to. This enabled us to get an honest answer to the question of whether they planned to…
    in terminally ill Comment by Margaret Morford September 2002
  • James is correct. I've never seen a doctor that will not write a spouse out for comfort if their spouse is seriously ill. Employers should not be monitoring if the spouse is at the hospital or at home. Talk about getting a retaliation charge! Ma…
    in FMLA and Taking Leave to Care for Qaulified Family Member Comment by Margaret Morford September 2002
  • Why is this ADA? While the ability to reproduce may be a major life function (Don D do not even go there!), I think in view of the latest ADA cases, it may not be a disability. What about the attorneys out there? Margaret Morford theHRedge 615-37…
    in Need advice quick - Infertility - serious medical condition?? Comment by Margaret Morford September 2002
  • Terry gave a great explanation about separating whether the employee gets the time from whether the employee gets paid for the time. I only want to add this wrinkle. If your organization's FMLA policy requires that employees run out their vacation…
    in Maternity Leave Comment by Margaret Morford September 2002
  • FMLA only covers the "serious illness of a family member." When the family member passes away, they are no longer ill and FMLA no longer applies. Hope that helps. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]…
    in Attending a terminally ill spouse Comment by Margaret Morford August 2002
  • I wouldn't make the distinction that you can get paid for emergency FMLA but not pregnancy FMLA. See the lawsuit coming? However, I think that you can say that after five years of service, the company will pay for X weeks of FMLA. Just make sure …
    in Paid FMLA leave Comment by Margaret Morford August 2002
  • I'll try to help. What has your practice been when someone exhausts FMLA, Maternity Leave or any other leave? Have you ever given another employee more than 16 weeks leave? If you have terminated them in the past, you can probably terminate here.…
    in FMLA/State Leave Used Up Comment by Margaret Morford August 2002
  • Crout, You clearly grasp the all the issues here. If you designated her leave as FMLA, you have just created for your company an eligibility period that is more generous than FMLA. I think you can do that, but I don't think you want to open the d…
    in Can the company designate an unpaid leave as FMLA? Comment by Margaret Morford August 2002
  • KC, I have four FMLA Forms that I drafted for my clients. The first one is a request form that I think is just what you need. I'll e-mail all of them so that you will have them, but the first one is designed for the employee to request FMLA and f…
    in FMLA for birth of a child Comment by Margaret Morford July 2002
  • Yes. Put it in your confidential medical file that is kept separate from the personnel files with very limited HR only access. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]http://www.thehredge.net[/url]
    in Where do I file the form? Comment by Margaret Morford July 2002
  • I would explain it in terms of being fair to other employees. You cannot function as a business if you gave everyone indefinite leaves and what you do for one employee, you must do for others. The law says 12 weeks and you have stretched it two a…
    in Exceeded 12-week FMLA Comment by Margaret Morford July 2002
  • You need to consult an employment attorney. You have FMLA issues and maybe ADA issues. An attorney can work through these with you and outline a course of action rather than just "rolling over" and taking the employee back. It will cost you a lot…
    in NEED HELP FAST !!! FMLA Employee Returns Comment by Margaret Morford July 2002
  • I agree with Janet. Designate it all. You might also want to check your state law. Many times states have a maternity statute that is more generous than the federal FMLA statute. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.…
    in Pregnancy and FMLA Comment by Margaret Morford July 2002
  • I think that you are heading down the right path by paying for a second opinion by another doctor. Be sure you brief the doctor on the above facts when you set up the appointment and arrange to have the bill sent to you to be paid. Margaret Morfor…
    in Vague medical certifications Comment by Margaret Morford July 2002
  • Okay, let me flesh out what I meant. Let's say an employee is out on FMLA for his/her own serious medical condition. The employee runs out of FMLA after twelve weeks. But what he/she has a a serious medical condition turns out to be a disability …
    in FMLA - Employee unable to return Comment by Margaret Morford July 2002