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Margaret Morford

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Margaret Morford
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  • I absolutely agree with Don D. If employees don't respond or furnish information, you can terminate. They have obligations to keep the employer informed. However, some employers will terminate at the end of FMLA for the employee's serious health …
    in FMLA - Employee unable to return Comment by Margaret Morford July 2002
  • If she is out on FMLA due to her own serious medical condition, you probably ought to determine whether she has a disability under the ADA. A reasonable accomodation could be an extension of leave time. You should at least have a documented discus…
    in FMLA - Employee unable to return Comment by Margaret Morford July 2002
  • I suggest to all my clients that they enact a well-publicized practice of not terminating any employee's FMLA if they inform the company they are not returning after their FMLA runs out. You only encourage employees not to share their future plans …
    in Terminate Before FMLA Ends? Comment by Margaret Morford June 2002
  • Here's what I usually put at the end of all handbooks I draft to cover the employer: Conflicts with State and Federal Laws To the extent that any policy may conflict with state or federal laws, the company will abide by the applicable state or fed…
    in Leave Policy Comment by Margaret Morford June 2002
  • Don't forget required leave under FMLA. Also a leave could be a reasonable accomodation under ADA. Check your state laws for maternity leave, small necessities leave, jury duty, etc. You are not required as an employer to offer a leave of absence.…
    in Leave Policy Comment by Margaret Morford June 2002
  • Darlene, I agree with you. It sounds suspicious. Look at FMLA regarding terminating someone who takes another job while on FMLA. Perhaps if you told the employee she cannot take another job to support herself while on FMLA leave, she may not wan…
    in An unusual FMLA request Comment by Margaret Morford June 2002
  • [font size="1" color="#FF0000"]LAST EDITED ON 07-26-02 AT 11:37PM (CST)[/font][p]An employer may choose not to allow intermittent leave for the birth of a child or the adoption of a child (Note: This can be true for either parent - not just pregnanc…
    in FMLA when adopting a child Comment by Margaret Morford July 2002
  • One of the few choices employers get to make with FMLA is whether to allow intermittent FMLA for the birth or adoption of a child. I recommend to my clients that they not allow it and require it to be consecutive. The purpose of providing that tim…
    in FMLA when adopting a child Comment by Margaret Morford May 2002
  • Designation of FMLA is at the employer's choice. I would tell the employee that he must return the paperwork in order to return to work, that you need to make sure he's physically capable of returning to work. Margaret Morford theHRedge 615-371-82…
    in FMLA and Salaried Employee Comment by Margaret Morford May 2002
  • Don D, Why wouldn't this be FMLA if the minor child is in the hospital? If the doctor will certify that Dad is needed to care for her, I think you have to grant FMLA (maybe even up to 6 weeks if the doctor will certify). I am assumning this child…
    in Daughter Gives Birth Comment by Margaret Morford May 2002
  • I would be surprised if her doctor wouldn't certify her, especially if she was far along in her pregnancy. Unfortunatly, she may have had to actually give birth, which usually means six weeks recovery. I'd ask the doctor to fill out the forms. Ma…
    in FMLA or any other leave for mother of stillborn baby? Comment by Margaret Morford May 2002
  • Rockie, You will probably establish a precedent that says minimally for pregnancy, an employee gets 12 weeks no matter how much FMLA they have used. Besides setting a precedent, you then have the employee relations nightmare of explaining to anoth…
    in Yet Another FMLA Question! Comment by Margaret Morford May 2002
  • If your handbook is silent, you then go to your past practice. What did you do on the last holiday? If you paid those out on leave, then do so again and put out a memo stating your new policy before July 4th. Then add the policy to your handbook.…
    in Holiday Pay and FMLA Comment by Margaret Morford May 2002
  • What does your holiday pay policy say? If it is silent, what has your practice been in the past for others on FMLA, WC or any other approved leave of absence? You ought to write into your policy that any employee on a leave of any kind is not elig…
    in Holiday Pay and FMLA Comment by Margaret Morford May 2002
  • FMLA does make some provision for employers' rights in scheduling when its convenient for the business. You don't usually get to this because the event sets the time table. While you do have the right to say that July is more convenient and inquir…
    in FMLA & elective surgery timing Comment by Margaret Morford May 2002
  • I would also suggest adding language to your attendance policy that permits you to address a "pattern of absenteeism" regardless of leave status or available PTO. I'll be glad to send you some language to include in your attendance policy. Margare…
    in Migraines Comment by Margaret Morford May 2002
  • If the teenage child is hospitalized, the parent should get FMLA. It doesn't matter that the hospital staff is there. Any doctor will certify that the parent's presence will assist in recovery. Margaret Morford theHRedge 615-371-8200 [email]mmorf…
    in FMLA - Hospitalized family member Comment by Margaret Morford April 2002
  • When you say "industrial accident," does that mean he's a Worker Compensation injury for your company. If that's the case, you probably ought to get some legal advice about whether you are setting yourself up for a WC retailation charge or not. Ag…
    in Termination of benefits Comment by Margaret Morford March 2002
  • Leslie, I'd be glad to send it to you. Will you e-mail me? My e-mail address is below. I'll e-mail you the file so that all you'll have to do is fill in your company name and you'll be ready to go. You won't have to retype the form. Margaret M…
    in FMLA request paperwork Comment by Margaret Morford March 2002
  • I have a great one page FMLA Form where the employee can request leave by filling in a few blanks and signing the top half. The bottom half is for the employer to accept or deny the leave. I also developed a personal leave policy (when FMLA does…
    in FMLA request paperwork Comment by Margaret Morford March 2002
  • [font size="1" color="#FF0000"]LAST EDITED ON 03-21-02 AT 04:49PM (CST)[/font][p]Carla, You definitely need some legal advice before you proceed. With that said, here are some issues to think about. Has the doctor indicated that she has reached m…
    in FMLA/Worker's Comp Comment by Margaret Morford March 2002
  • Prenatal visits do qualify for intermittent FMLA. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]http://www.thehredge.net[/url]
    in FMLA and Pregnancy Comment by Margaret Morford March 2002
  • Gracie, No. It needs to go in the employee's medical folder to preserve confidentiality. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]http://www.thehredge.net[/url]
    in FMLA Paperwork - Record Keeping Requirements Comment by Margaret Morford March 2002
  • He/she will need to get a medical certification from his/her doctor. Your medical certification should ask for a diagnosis, which will tell you what the problem is. If you don't have FMLA forms that request this, e-mail me and I'll send you ones y…
    in Refusal to advise need for the FMLA leave Comment by Margaret Morford February 2002
  • Give him the paperwork to designate his absences going forward as FMLA and see if the doctor will certify that he has a serious health condition (if he has indeed met the employment elibibility requirement for FMLA as the person above pointed out). …
    in FMLA Comment by Margaret Morford February 2002
  • Many companies require that employees use available accrued vacation time as well as sick time (PTO) during FMLA for the reasons stated above. It all depends on what your company's FMLA policy states is applicable leave and whether its use is volun…
    in Uncooperative Supervisors Comment by Margaret Morford March 2002
  • If your company policy and practice is to terminate employees after they exhaust their FMLA then you do need to send a COBRA notice to the employee. However, I would get some legal advice about whether the employee would also qualify for protection…
    in COBRA notice after FMLA expired Comment by Margaret Morford January 2002
  • I agree with you. With the recent downsizings, lots of employees are taking on additional responsibilities whether they want to or not. She gets nine weeks period. If you give her more than 9 weeks, how can you tell other employees that they on…
    in Pregnancy Situation Comment by Margaret Morford October 2001
  • I agree with you. I cannot think of a single doctor that would not certify this moral support and presence as necessary for the care of a dying parent. Let the doctor make the call as to whether it's certifiable. You do not want to be in the posi…
    in Family Member Sickness Comment by Margaret Morford October 2001
  • I agree with the answer above, but I do believe you can leverage this somewhat. Send the employee a registered letter with a new packet of paperwork and advise him that his job is not protected (as was suggested above). While I wouldn't assign him…
    in Refuses To Comply Comment by Margaret Morford September 2001