NeedCoffee
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Have you requested a doctor's certification? Depending on her condition, it should state how long episodes last, whether or not need for leave can be predicted, etc. If you can't use the certification, I would suggest looking at your leave policy.…
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As far as I know, you are not required to disclose the presence of chicken pox, shingles, or other diseases in the work place, but I could be wrong. If it were me, I would not disclose anything. The employee requested her condition be kept confide…
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My gut feeling would be that doctors offices have contingency plans for these sort of situations - they always have other doctors available to cover for them, including the review of medical records/paperwork. I would probably deny it then let the …
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We have a policy that all people driving company vehicles must sign (we're an automobile dealership) stating if any damage is done to company vehicles, the driver must pay costs up to $1000. We've never had a problem enforcing the policy, since all…
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In this case, we have granted the employee the extra leave as "approved medical leave" and just like FMLA, require them to pay back their portions of insurance premiums that the company paid in their absence. I think terminating them and going thro…
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I read about it in a Benefits & Compensation newsletter I receive (don't think MLee Smith would appreciate me plugging a competitor here!) but if you just do a Google search on "Hutton v Manpower" about the first 10 or so hits have great informa…
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Funny you should mention this - I just read an article on this exact situation. See Hutton vs Manpower, Inc. (Idaho Supreme Court, No. 32160, 7/20/07)...the court had some interesting findings on the relationship between preexisting conditions (spe…
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Employees must have worked a full year in addition to the 1250 hours rule. You wouldn't necessarily be opening yourself up for a lawsuit, but you would be setting a precedent. Is it possible for your company to grant an approved, unpaid leave of a…
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Give this a shot: 29 CFR 825.200 29 CFR 825.205 Good luck! There also may be a thread laying around here that has a better citation. Do a search during the last 6 months, keywords fmla, rolling, etc.
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Well, both #1 and #2 are kind of correct, but not entirely. It all depends on what your company has chosen for its method of calculating leave. What method have you used in the past? A. calendar year B. any 12 month period year, such as by anniv…
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From what I understand, FMLA would not cover your employee unless the recurring infertility treatments are "continuing treatment by a health-care provider following a period of incapacity of three or more consecutive days." Now, if the treatments a…
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All in house. Sigh.
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Perhaps a second opinion at the company's expense? It is within your rights as the employer to request one.
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We run ours concurrently. Most WC claims involving lost time often qualify as serious health conditions under FMLA due to the recurring treatment regimen. The main reason we run them concurrently is simply for the ease of tracking. The only time …
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We just really haven't had any experience with disabled individuals. The closest we've come is accommodations when an employee is injured/sick. None of these have fallen under the ADA (knock on wood!). I know for my company, the line of work we d…
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Thanks joannie! That was the link I needed!
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Perhaps I'm not not asking the right quetions. Does the FLSA (or TX law for any of you Texas Forumites out there) allow withhholding of salary for non-exempt employee on FMLA leave? I had just assumed that since he has a salaried component to his…
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I'm with FunHRBanker - I don't think the age of the child matters. You'd grant FMLA for an EE to care for a parent who just had surgery/cancer, so why wouldn't you grant it for an adult child?
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[font size="1" color="#FF0000"]LAST EDITED ON 08-03-07 AT 07:33AM (CST)[/font][br][br]Did her injury happen after hiring? You may need to look at WC before terminating. If she was injured prior to working for you, did you make the job requirements…
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Don't you love being in the one state in America which doesn't require you to carry worker's comp? Wish I could help more, but this goes far beyond my knowledge!
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As marc said, there are always risks with termination. I agree that you have a legitimate reason in terminating for performance. If you feel you need another justification, I would immediately issue her a disciplinary notice regarding not followin…
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Easy answer to this one: 29 CFR 825.113 (c) states that: "(c) Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or old…
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Technically, if she and your company qualify to be held accountable under FMLA, her "morning sickness" attendance issues are covered by FMLA. However, you may want to start addressing FMLA with her, especially if she's taking time off after the bir…
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Definitely start working with your WC carrier - they are the pros at this! Along with the FCE, you can also request a determination of whether the EE has reached MMI (maximum medical improvement). This will also go towards settling the case for go…
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My personal preference is the 12 month looking forward method. It is easiest (to me) to administer, and eliminates many of the calendar year problems. About 2 months or so ago, there was a HUGE thread on the difference between rollback and look fo…
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I think you need to send her that letter certified mail/return receipt requested, and state that her leave is soon up, with instructions for the employee as to requests for extensions of FML (if applicable). If she still doesn't respond, leave runs…
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This is just my opinion, but unless you normally pay employees for time spent traveling to and from work, this is not a WC issue. If the EE was at lunch, does he have to clock in or out? If this was non compensable time and he wasn't driving for t…
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Before I got to my present company (which does qualify for FMLA) they had never actually done anything with FMLA. Instead, when people had to be out under those conditions, they had a conference with the EE, EE's supervisor and General Manager, who…
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Thanks guys! We are doing to do the "wait and see" aproach. The EE's supervisor has found a few things he can do, and the EE is willing to do oddjobs, so at the moment we're doing okay...until next time! By the way - if anyone knows some good FML…
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Thanks again guys. I feel much better about this now! Hopefully this will all end well. I think this forum is going to be a wonderful tool - thanks for the support!