POPEYE
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Unless you have a policy prohibiting any EE from working a second job, you may not put that restriction on one on FMLA. Would we encourage an EE to? Probably not, nor would we discourage one.
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>>The client company received an OSHA complaint as >well and is not being cooperative with us. How >do you suggest that I proceed? Having been on both sides of the fence with this, currently use temp. staffing and worked in the…
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If I knew how to put the little smiley emoticon with the clapping hands here I would. This ACT was written for situations like you have described. Unfortunately there are a few that try to take advantage of it, and also a few physicians that will …
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The original post never mentioned WC Unemployment nor payroll. It specifically asked about FMLA. Don is absolutely correct. Section 825.106 (b) states ".....For example, joint employment will ordinarily be found to exist when a temorary or leasin…
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Ditto!! There's a lot of superfluous items in the REGS, but I've never run across anything like this.
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I have always used the "regular" schedule to determine the leave time. In your scenario, the EE was scheduled to work until 3, left at 10, I would charge 5 hours of FMLA entitlement.
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Would her $27,000 be in the upper 10% of your entire company / school district? If yes, then you may want to take a look at the "Key Employee" portion of the REGS. If you are a local educational agency, there are special rules for you. Minus eith…
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I agree with the gentleman from MS. There is not a "mandatory" 3 days absent, it depends on other criteria. Who divulged the information about the unfilled prescription? IMHO that might be bordering on a HIPAA violation.
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Once again, I 100% agree with Marc. Don D. - If you had an EE that used 2 weeks in June and then used 2 weeks in March, 4 weeks in April and 4 weeks in May, would you give them another 12 weeks starting in June? From you explanation, that's how …
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Very well done. Easy to understand. Now Marc, can you do as good of a job explaining to me which Casino I need to visit in Vegas, which machines to drop my quarters in .........which tables to stay away from......
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Get some "steel-toed clips" that fit on the outside of shoes. That is what we use if an EE forgets to bring/wear the correct shoes.
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Unless there are extenuating circumstances (covered in our policies), when an EE exhausts all of their FMLA entitlement and any other leave that we offer, they are terminated and eligible for Cobra. Your insurance broker or carrier Rep should be ab…
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I would be curious as to the reasons why. Does one's sugar elevate more in the night-time?
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DITTO!
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It will depend on how your policy is written and how you have handled in the past. The FMLA regs do not DICTATE specifically concerning compensation during leave but do give some guidelines as to what you can and can't do.
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If you require all EEs to call in when they are going to be absent then yes you may require an EE that is on FML to call in.
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I would recommend that you find a legal seminar in your area dealing with FMLA. Take good notes and return to your facility ready to train all of your supervisors in how to handle getting information to your EEs. If one of our EEs is out for more …
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Check out section 825.207 of the FMLA REGS. As has been pointed out, whether you pay or not depends on your policy for all. Given what you stated in your original post that you do pay for some absences, then I would really take a hard look as to h…
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Sandie, if you find a way around this, I'm sure you would get flowers, hugs and kisses (on the cheek) from everyone. Unfortunately unless you require everyone to provide documentation when they are sick, you may not ask for it only for the EEs util…
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That's what we pay our WC insurance carrier to do. Once we fulfill our obligation of offering a panel of physicians to the EE, the carrier makes all other decision contact.
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> >> >My hope although I am having trouble finding >documentation is that since the event started >prior to 12 month waiting period for FMLA then >then the event is not covered under FMLA and >there is no FMLA issue i…
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I don't think this is as cut and dried as stated. It will depend on how much time elapsed between the termination and re-hire and how many hours the EE worked. REF from the REGS: Section 825.110 (a)(2) "Has been employed for at least 1,250 hour…
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Check your state laws. Most states require that you have a panel of no less than 3 facilities/physicians for your EE to choose from. As far as the public posting, I have not seen anything to make that mandatory, but you should have a printed sheet…
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I know you don't want to hear this but, "What does your policy say?" I can't speak for what the law is in Arnold's state, but according to our policy, if an EE does not qualify for FML, has exhausted all personal leave time, regardless of WC or STD…
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Whoa there GENO. You don't have enough information to make the assumptions you have and ready to tar and feather someone. Suppose this EE's parent's illness may be prolonged for 5-6 months and the EE is the only care giver. Suppose the parent is …
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I would agree to the process described as long as you require the same in all situations.
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My first response would be to follow your policy and minus a policy, what you have done in the past. However, while beginning to compose this post, I just realized that we don't have a policy for this scenario, nor have we had it come up in the las…
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>He >only has 3 weeks of sick & vacation time. So >after that is used up, can we put him on FMLA >since he has not been here 12 months? Check out section 825.110 (d) of the REGS.