POPEYE
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We accept a physician's note with new info as long as it is the same physician that completed the original certification.
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>I haven't seen this question answered in >anything I've read on FMLA-- If the employee >isn't responsible for requesting FMLA, why does >the DOL's model form WH-381 say, "Employer >Response to Employee Request for Family or …
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Section 825.118 (b)(5) What is a "health care provider"? A health care provider listed above who practices in a country other than the US, who is authorized to practice in accordance with the law of that country, and who is performing within the sc…
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I would go with what the attending physician states for the length of time necessary. If that is 1 or 1.5 weeks then that is what I would approve the FML for. If the EE decides to spend time with relatives and you don't offer any other type of lea…
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For intermittent leave, if the DR does not specify any type of duration such as 1-2 weeks, months or lifetime, or if they say undetermined, I advise the EE in writing that they will need to re-submit recertification documentation after 30 days. (All…
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Check out section 825.106 (e) Paraphrased--- Job restoration is the primary responsibility of the primary (staffing company) employer. The secondary (client company) is responsible for accepting the employee returning from leave IF the agency …
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I agree with this caveat. If at some time in the future you decided to transition this EE to your payroll, the time worked at your facility counts when you calculate their FMLA eligibility time with your company.
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These questions concerning requiring paid leave time to be used should be addressed in your handbook policies. Absent that, you must advise the EE in writing (hopefully before the absences begin) of what you will require and you will need to be con…
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Regardless of what method, 12 month rolling forward or backward or a calendar designated period, make sure that your written notice to the employee outlines the method you will, or have been using.
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Again Don D is right on. Probably 80-85% of the non-surgery related leave I approve is for less than 3 days. The Judge I had the conversation with a few weeks back made this comment concerning approving leave and the litigation process: ( and I'm …
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During my years with a staffing co. we routinely used "light duty" employees to help applicants complete applications, put together packets for clients, write our thank-you notes to clients or employees, answer phones, call and do check-ins or other…
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As participants in the TN Drug Free Workplace program we would reap the same no-pay benefit as DJ described.
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But Don, all of these racing dates are on Friday and probably after working hours. If it is like the usual local small tracks, a race would only last 30-45 minutes, not like it was a full 8 hour work day. Cut the guy a little slack....... Just be…
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Marc, Not knowing what type industry you are in since your profile is disabled, my question would be, "How would you treat the production worker or truck driver that decided to go shoeless in the plant on or the road?" A safety violation is a safet…
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Be careful WHO you have in your pool and who has knowledge of discussions about this EE. This definitely smells and the smell is not pleasant!!!
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There are much more knowledgeable posters than me to answer this but, if she was given a full release and it is not mandatory that all EEs wear it, than I would say NO you can not require her to.
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I agree with the other posts about requesting that this EE not return to your facility. You have no legal responsibilities to accept him back or any replacement the agency would send. If being "polite" as the previous posts have said doesn't work,…
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We followed basically the same process, >insisting on medical statements to prevent >reversal of FMLA protection on absences as they >occurred. The challenge got to be too great for >the employee. Medical statements weren't alway…
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180 - 360 - Let's just say I changed my thought process. No it was not the adult beverage that did it but the words of the Judge!!!!!
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Fortunately it was at the State HR Conference in Memphis a couple of weeks ago and we were having a cold adult beverage at Issac Hayes' night club. The Judge was one of the speakers for the convention and the attorneys present were "sucking" up to t…
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I whole-heartedly agree with Don. Since visiting with several attorneys and a Judge of the 6th Circuit Court, I have done a 360 degree turnaround concerning verification each time an EE utilizes intermittent FMLA. If their initial certification sa…
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The easiest and most effective way to keep track is by the hour. The "broad intent", or so I've been told, of the 12 week verbiage of the act was based on a 40 hour week. With that mindset, we track by the hour. If you have flexible schedules eit…
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What is in your written policy concerning Family Leave? That is what you need to follow. You are correct in your feelings about being consistent. We have the following statement in our handbook: Employees requesting family leave related to the s…
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The easiest way to calculate is by the hour. (480) To get an accurate of entitlement hours available using the rolling backward method, here is what I have found to be helpful: Take today's date -09/15/04. Moving backward on the calendar, record a…
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OOPS! I missed the "estate" part of the post. You have been given correct advice.
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>I would say no. He did not follow procedures to >request FMLA, and technically he would only be >eligible if his dying father were in his home >and he was providing care. I have to respectfully disagree. It is not the EEs res…
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I agree with Smace. What you do for one you must do for all. Slick Willie Clinton wasn't concerned if an EE was good or bad when he pushed the act through.
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Take a look at section 825.208 (d). This section gives scenarios for "retro" designation of entitlement and I see no length of time restrictions. It sounds like like your EE would be in a similar situation to the "Bronchitis" example and once you w…
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If you are aware of a possible FMLA qualifying event and you have given the EE a physician's certification form and a written copy of the EE's rights and responsibilities of FMLA, then you will need to grant leave based on what the physician says. …
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Don, please tell us how you really feel.