Margaret Morford

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Margaret Morford
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  • I recommend that your FMLA policy force employees to run out their sick time, personal time, vacation time, etc. whenever they use FMLA. You wouldn't want anyone to take 12 weeks of FMLA and then return and want three weeks of vacation. If your …
  • I believe that this is a violation of FMLA because it punishes an employee for exercising his/her FMLA rights by not paying him/her a bonus that other employees (who don't exercise those FMLA rights) get. If your policy doesn't count time off under…
  • There's a new software program that coordinates FMLA, ADA and Workers Comp written by some attorneys. In the spirit of full disclosure, M. Lee Smith Publishing distributes it. If you will call me, I'll put you in touch with someone who can talk wi…
  • I agree with what DTM says in that I would always invite good employees to return to work whan they have recovered. You ought to have a policy to bridge their service as an encouragement to get them back. However, if this employee is the kind that…
  • Be sure you make a request to see her documentation in writing, explaining that the company takes very seriously any allegations of hostile work enviroment, that if they prove to be true, the company has always dealt with these situations swiftly an…
  • One other practical suggestion. Many employees are afraid to tell you that they are not going to return from maternity leave because they are afraid you will terminate them and cut off their leave,insurance and benefits. Sit down and explain to th…
  • I absolutely agree with Down-the-Middle! I always advise letting the FMLA run to its conclusion before you do anything. Would you consider offering the employee the opportunity of taking a lower paying position rather than being laid off upon retu…
  • I do think that you need to get some legal advice ASAP. Here are some practical suggestions for you to consider. I certainly think that you want to be certifying him for FMLA so that his 12 weeks begins to run. If your company's FMLA policy doesn…
  • Be careful about contacting their doctors without their permission. You may want to get some legal advice. Margaret Morford theHRedge
  • You might also consider alternating by week, letting one work the early hours one week and the late hours the next so that you don't have to choose who gets the best hours. Margaret Morford theHRedge Margaret Morford
  • If you will give me your e-mail address or fax number, I will send you the one I developed for my clients. Margaret Morford theHRedge
  • Joyce is correct in saying that you have to be careful about handling this type of FMLA situation. Let me make sure that I was clear about what was done. We did not require that the employee re-certify each time she missed. We certified her for h…
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-30-01 AT 04:06PM (CST) by jrobb (admin)[/font][p]CuriousG - The only circumstances in which I would use this, is when the intermittent leave is for a condition that flairs up unexpectedly. In our cas…
  • You really should be careful in contacting the employee's physician without permission from the employee. I'd get it in writing. A better way to handle this is to say to the employee, "We want to make sure that we excuse every bit of time that is …
  • Most employers require in their FMLA policy that employees run out their sick and vacation banks concurrent with using FMLA. Think of it as two separate issues. FMLA gives them 12 weeks of leave and the issue of how much of that is paid is determine…
  • Lori, It's 12 weeks total per year. You need to look at how you determine that year. If it's calendar year, she could be absent October, November and December and then January, Febrauary and March of the next year - 24 weeks in a row. That's why…
  • You also need to add a geographic element to the formula. The count is based upon facilities within a 75 mile radius of one another. For example, if you have two facilities that are more than 75 miles apart and each of them has 40 employees, neither…
  • Are you overreacting? That depends. You clearly understand what the risk is here and that this could have turned out badly for exactly the reason you cited. What have you done in the past when a memeber of management got involved with someone in …
  • You are right that she could come back to you, but remember that the conduct has to be unwelcome. It sounds consentual, especially if she voluntarily quit her job to keep him from getting into trouble. Also, remember that she's allowing him to dri…
  • [font size="1" color="#FF0000"]LAST EDITED ON 03-08-06 AT 01:32PM (CST)[/font][br][br]Exactly the point of Relationship power. If you have that type of power, you should be aware that it only lasts as long as the relationship lasts. If your Big Kah…
  • Paul, Although I've been away a while, I'm glad to see that you are still asking the types of big picture questions we should be thinking about. Kudos for always pushing to make us smarter and better! Tony Kessler from M. Lee Smith forwarded this…
  • I agree with you that the "unknown" is always hard, but I suspect if you had been told you would be considered for future positions, you would not continue to call. Some people don't get that and I'm not sure you can educate them. I think you just…
  • Carol, Did you have any policy on the books about lay-offs at all at the time you did the lay-offs? If not, what has been your practice about recalls in the past? Did anyone with apparent authority tell people they would be recalled when work pic…
  • I wouldn't even ask him/her to rewrite the resume. You cannot ask these questions, but applicants can volunteer anything about themselves they want to. I'd handle it like any other resume. Margaret Morford theHRedge 615-371-8200 [email]mmorford@m…
  • I'd say the union just gave you the best Christmas present you ever had by cramming a contract the membership didn't want down their throats with a technicality in the by-laws. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[…
  • I'm going to weigh in a little differently. I agree with the posts above that you can't fire employees simply for selling the jacket or filling up at a competitor. However, I think you can address this one employee's negative behavior pattern (You…
  • Also check your state laws. I know you can't shift someone's work week like this in California. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]http://www.thehredge.net[/url]
  • He also may have a claim for the lie dectector test under the Federal Polygraph Statute. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]http://www.thehredge.net[/url]
  • Parabeagle gave a great answer. You might also add to what he said (if it's true), "Contact ______ for attention to any matters that John may have been working on until we are able to hire his replacement." That should tell everybody that it was a…
  • I have one that I'll send you if you'll e-mail me. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]http://www.thehredge.net[/url]