POPEYE
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Just to add one thing to watrsflo's advice. Make sure that you advise the EE of the 15 day grace period to provide additional information and don't take any action until that period has expired.
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Ditto!!
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> >The manager hates me because I can't fix his >problem. > >Have you been here before? Yes, as Don said, we have all been there before. Maybe you should have this manager write you up a detailed plan as to how you should fi…
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Mark hit it right on the head! As long as you have enough information to make a decision to approve or deny, get the clock running.
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I agree with LindaS. Inconsistency with a precedence can be "heck to pay." It sounds like from your post that you have a policy in place for using PTO and sick leave so you may apply that with concurrent FML.
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Yes I do respectfully disagree. You cannot deny any benefit while an EE is on an approved FML. The assumption must be made that if it were not for them being on leave that they would have worked the day before and the day after the holiday if that…
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Maybe I have missed something here but you keep referring to 1000 per hour productivity. If your EE is there for 6 hours then they should produce 6,000 or if there are there for a full 8 hours then 8,000. Why does her being away from work for FML …
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LindaS - I do not have the CBA to worry about but I think you have answered your own question in previous posts. If you had a non-FMLA qualifying EE out for two days and was not aware of the OT for Sat., would you contact them? Consistency!!!
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HRanna, Sorry that I didn't directly answer your question earlier. YES, under the FMLA REGS, you would immediately start counting the time off as FMLA entitlement hours the day your EE becomes eligible. As JuJu outlined, this may mean that they c…
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Reysa I would respectfully challenge your company's position on this. As long as an EE is on your payroll (does not have to be drawing a paycheck) and they have completed 1250 hours since the first day they were on your payroll, as soon as they hit…
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Thank you! I love the term "Broadly Inclusive". I'll have to try that one the next time I write a policy or procedure.
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Just as a follow-up, in the May edition of HRinsight there is a quiz that asks this very question and the answer that is given is TRUE. Maybe one of our M Lee Smith partners can cite the REG from where this answer was ascertained.
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Check out Section 825.116 - It does not specify any time restrictions.
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Section 825.114 What is a "serious health condition" entitling an employee to FMLA leave? (a) (2) (i) A period of incapacity of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same co…
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No, you are not REQUIRED to ever have certification. If you have enough information to make a decision as to approve or deny leave, you do not need certification. You may CHOOOSE to have your EEs re-certify but it cannot be more often than every 3…
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I agree but would add two words of caution. Be consistent. We require each EE that has been certified for intermittent leave to re-certify every 6 months. They are so informed in their entitlement approval letter.
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If you specified in your written "rights and respsonsibilities" notification of a certain number of days the EE had in which to submit certification, then NO you do not have to retro. However, there is nothing to keep you from it if as you posted y…
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In your scenario there are no disadvantages to her since it was paid time and there were not "attendance" implications. However, as I outlined above, there are disadvantages for the ER to not designate the leave as part of the EE's entitlement hour…
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Yes I would notify her of her rights and responsibilites and provide her with a physician's certification form. Even though she used sick time, if qualified you may count the time as FMLA and deduct that from her entitlement. If you don't, she sti…
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As Don D said, each disability program is plan specific. If we terminate someone on disability because of attendance or other policy, their disability coverage will continue until such time as physician certification proves otherwise.
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JuJu is absolutely correct. This is not a total disclaimer and definitely not aimed at you. From some of the posts concerning FMLA, there are far too many getting totally stressed out over, do I or don't I, does this qualify or not......... The R…
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I think all the silver bullets were buried with Clayton Moore and the "NEW" Lone Ranger didn't use any.
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There is a standard DOL form that you may download from their Website but it is very cumbersome for all parties concerned. As long as you have what your company decides is essential information needed for you to make a decision included, you may cr…
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Questions: >(1) If she does have a chronic illness, does >this fall under FMLA? >(2)How do I find out if she has an illness that >would qualify her for FMLA? >many thanks, If she meets all of the qualifications for entitle…
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If you notified the EE in writing of what their rights and responsibilities were, and on that notification you so stipulated that the certification must be returned within....days (the regs call for a minimum of 15 calendar days), then you do not le…
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Section 825.306 (5)(i)of the REGS addresses this issue. In part "whether the patient (family member)requires assistance for basic medical or personal needs or safety, or for transportation; or if not, whether the employee's presence to provide psyc…
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Yes you do need to be consistent. You should have certification that it is necessary for your EE to attend to, give comfort, provide transportation ...... for the qualifying family member. I might question a return to work authorization if you hav…
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Said "Tongue in cheek" Tell them to find a new physician that won't charge!!!
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>Employee has now exhausted all intermittent FML >time and is not eligible for any more until May >2004 (12 months from the first day taken). >My question is does the employee get all 12 >weeks back immediately after 12 months…