PAhr
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First of all, what exactly is continually? And is your company required to comply with FMLA and if so is the employee eligible? Also is this a work related injury? This would help give you a more accurate assessment. I will say this though, if th…
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Thank you. I will do that.
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Sorry I was so unclear. He was working when we called him in to explain the situation. He came in the next day before his shift started to let us know what his doctor had told him. He brought in pay stubs that had his FMLA hours listed (his total …
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29 CFR 825.116 - What does it mean that an employee is ``needed to care for'' a family member? Section Number: 825.116 Section Name: What does it mean that an employee is ``needed to care for'' a family member? ---------------------------------…
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You should first of all, contact the employee by phone and by registered mail to let him know that FMLA has expired (the employee really should have been aware of the last day of FMLA in advance if you weren't keeping him up to date) and ask him …
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I know. You would think they would make it easier to find these things. Did my directions help you any? normally I wouldn't have put all that in there but I had such a hard time finding it I figured I better give exact directions to it. It's almo…
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I found it. At [url]www.dol.gov[/url] (and it took forever to actually find the right section). Do a google search (believe it is easier this way) and type in "fmla sec. 825.213" and you will see 29cfr825.825.301-what other notices to employees a…
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I have heard it is one month but don't quote me on it. I have a quick reference guide that I recieved from the DOL and it actually doesn't say anything about this situation. All it says is "An employer's obligation to maintain health benefits unde…
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According to what I have been told you may not ask for a doctor's excuse every time. If a doctor certifies that the employee needs intermittent leave you may ask if they have scheduled appointments and if so when (to help you cover the missed tim…
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This is rediculous. Check off a few boxes and write out a sentence or two about the diagnosis and they want $25.00 . When did they legalize robbery?
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You can always tell the employee that you need him to see a doctor of your company's choosing and at the company's expense. If that doctor says he needs the time off you legally must grant the FMLA at that point. If that doctor says he can return…
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Just an update. I spoke to a rep at the EEOC and he said any complaint of retaliation for anything that goes against "public policy" can be investigated by that agency. He went on to say that terminating an employee for filing a complaint with an…
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Apparently the employee filed a complaint with the DOL for FMLA violatins before she was terminated so the DOL only investigated that aspect of her claim. She has since filed a complaint with the EEOC/PHRC that says she was retaliated against for …
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I don't think that mediation will work because I don't (nor does the company attorney after speaking with him today) feel that the employee would accept an offer at this point. The only case I am personally involved with is this one (all the oth…
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What I wonder is if the EEOC can ask for the personel files of other ex-employees since they aren't part of the complaint. She is the only person complaining. My only worry is that she will go in and say there are more just like her and then they…
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Mets, am I hearing you correctly? You personally contacted his doctor? I certainly hope you had the employee's permission in writing before you did so. First off, under unlawful acts : FMLA makes it unlawful for any employer to interfere with, res…
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I've tried to look up state laws but I can't find any.Where should I be looking?
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I am not sure a job offer at this point would really help our situation.She has been gone almost a year and she has a very good attorney(he put use through the loop at the unemployment hearing).I think he would advise against it because it"would n…
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We have obtained legal counsel.I just wanted to know if anyone would have handled this situation differently,from an HR perspective not a legal one.And why?I really don't want to make this same mistake again if in fact it was one.The only thing I…
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Thank you all for the advice. My biggest concern is that although I know the information, I'll be so nervous that I'll forget. I have been prepared about all the other aspects, just not told about how to deal with the anxiety. I just wanted a little…
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That's what I was wondering. To our knowledge this employee was never intoxicated or used alcohol while working but as part of his arrest he must attend alcohol abuse classes and admit to long term problems with alcohol. I'm just hoping the two issu…
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The two cases don't seem to have anything in common on the face of it. This person just got arrested for a DUI and has now admitted to a long period of alcohol usage although I'm not certain if he actually drank while at work. The concern is if this…
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Pennsylvania code is (shortened version) employees have the right to see personnel files that contain qualifications for employment, promotion, termination or disciplinary action. They do not have access to letters of reference or any criminal inves…
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Depending on your pay period, you could allow the employees to come in on December 21st (Sunday) at three p.m. and work a double. Or if you can do without eight hours of production, you could find other small jobs that need done and allow the employ…
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All employees should be treated with dignity and respect but never to the detriment of the company, an investigation or another employee. There are two situations here. Either this employee is being harassed or she is the harasser. If she's the vict…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-01-03 AT 01:15PM (CST)[/font][p]I think some of these are great suggestions but only if this HR person has nothing better to do than run after this employee every time she cries foul. You need to look…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-01-03 AT 09:21AM (CST)[/font][p]I don't know Tracy. I'm with you on this one. There is nothing illegal about monitoring the workforce, even secretly. As long as you are not placing the cameras in area…
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He remembered the dates of his previous employment when he filled out your company's application. He has since been terminated or quit. He requested his personnel file. You refused so now he needs a copy of his application because he's having a memo…
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Due to growing concerns over workplace violence and for the safety of all employees company* expressly forbids weapons of any type on company property. This includes but is not limited to work areas, break areas, offices, company/employee lockers an…
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Whether she likes confrontation or not, she had a responsability to notify the company of the harassment before she can honestly expect that anything could have been done about it. Sure, it may be a royal pain in the bu!! for the next few months but…