POPEYE
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>Don't get hung up on the 'more than 3 day' deal. >Lots of FMLA events don't necessarily meet that. I would go as far as to say in my experience, MOST of them.
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Carey from CA has a very valid point. I would NEVER mention FMLA and TERMINATION in the same letter. I do send out a letter advising an EE that they have or are about to exhaust their entitlement hours and that any absences after (date) will subje…
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Your fellow HR person may not have read the entire section 825.110 of the REGS. In one of the first paragraphs describing eligibility, it states that an EE must have been employed 12 months and has been employed for at least 1250 hours of service d…
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You would need to follow policy on all of your questions. You do have the right to require that all vacation or other PTO be used up front. It also would serve your best interest to always run FMLA concurrently with comp cases. (yes that is legal)…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-20-04 AT 04:07PM (CST)[/font][br][br]Test, test, test [url]www.dol.gov[/url] Well what do you know!! I had been trying to copy and paste and everything else. Thanks and eat more spinach!!!!!!!
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Well written LindaS. Ok, this may actually need to be in the "HOW TO" section, but how did you get the DOL address link in your post? I have tried to put a link in previously and failed. Remember, you are dealing with a technology challenged indi…
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Section 825.208 (a) of the Federal Regs states "In all circumstances, it is the employer's responsibility to designate leave, paid or unpaid, as FMLA-qualitying, and to give notice of the designation to the employee as provided in this section."
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Having been through this 3 times with my wife and numerous others with EEs, only the pregnant one and her physician can make that call. My wife is a teacher and with my 1st she actually taught all day and my son was born at 9:15 that night. We hav…
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Once you tell them that they can be held personally liable for any violation of the REGS, they will want to know all there is to know. I personally feel that the more informed that superisors are, the better they will be able to insure compliance w…
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If you receive documentation that it was necessary for your EE to provide care/transportation ect. for the spouse's serious health condition, then yes I would say that this would qualify for FML.
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LindaS, the key is if you notified this EE in writing that you require re-certification in a specified period such as your 1 year. If you did, then I would say yes you may deny leave until you receive such certification. We specify in writing that…
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>If you have no STD or LTD and she has exhausted >all the FMLA time available, then you are under >no obligation to continue to hold a job open for >the employee, provided there is no specific >state law that requires more tim…
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Leave time may be calculated in whatever increments your payroll system will allow, be it by the minute, quarter hour etc. So if you have an EE with a qualifying event (and it sounds like your example would be), then yes they would be entitled to b…
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LindaS - Check out 825.308 of the Regs. You may request re-certification in most cases. We have in our written Rights/Responsibilities letter that for chronic/on-going intermittent leave, we will require re-certification every 6 months. I know I …
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There may be some type of "canned" tracking mechanisms out there, but I have found that a simple spreadsheet works very well. There are only 2 of us that approve leave and we record the dates of request,approval, time used and expiration of entitle…
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We have 300+ employees and once we disseminated all the information concerning calculation we have not had any problems. To address your question on exempts, we figure straight weeks / days based on 12 weeks and do not get into hours. Fortunately (…
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I don't want to put words in Marc's mouth but, here is how I would answer your question. An eligible EE has 12 weeks of entitlement and for one that works the normal 40 hour week that gives them 480 hours. If you have an EE that has been and is wo…
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Touche' Balloonman!! You are 100% correct. Guess I was thinking with the wrong side of my brain when I wrote that. I have just dealt with a "contagious" problem here and had that on my mind and how we handled it and used transmittable instead of …
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I agree with marc. If there is not a significant business need for a supervisor to know, such as emergency care or potential transmittable virus etc., the privacy/confidentiality should be maintained.
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The DOL physician's certification form, or some reasonable facsimile you have created, should include somewhere an "estimated" duration of leave. We require that before sending the entitlement approval letter. Otherwise you are leaving this open-e…
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I sure don't want to put words in Don's mouth but as he said, anything including holiday pay, vacation or sick leave accrual must be given just as if the EE is at work when they are on FMLA.
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This is just another example of why HR does not need to be the one to do terminations period. Advise, and especially in this case, yes, but not the actual act. I know there will be some HR types that feel they want to be "in control" and handle al…
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We even go one step farther than LindaS. The entitlement approval letter we send to the EE includes this statement: "If you do not return on (date specified) or have other arrangements approved in advance, (Company Name) will assume you have resign…
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NO. If you start to allow 30 days, then someone will want 40 then 50 then....... Just had a similiar incident with an EE that was 22 days away from entitlement. We did get all of the certification in place, allowed them to take Personal Leave per…
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>If a 40 hour employee has hours reduced to 30 >hours due to a serious health condition >(recommended by her physician) - is the full >health premium still paid for the 12 weeks or >can the premium be paid 75% by employer and …
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We conduct a FMLA refresher learning session each year. All managers, supervisors and relief supervisors are required to attend. We cover the basics of what is FMLA, who qualifies, what are the EE's rights and responsibilites, what are the ER's ob…
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We state that the certification must be returned 15 days from the date of the request. However, the regs only state that you must allow at least 15 days, it does not say you can only allow 15 days. There are some physicians who are charging to fil…
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I 100% agree with AprilShowers. If you don't count this time the EE can continue to have her full entitlement even though they may have actually used X hours. Remember, per the regs it is the Employer's right and responsibility to designate ent…
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AS previously stated, the entitlement period will vary depending on what you have advised in your policy and notifications. We use the "Rolling Backward" method and in your scenario, the EE would be eligible today for 7 weeks and then would pic…
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I can't speak for the laws of the Great State of "Arnold", but officially this EE just like all of the rest are still on your payroll until the agreed upon time for the layoff. My opinion is that you provide her with the rights of her FMLA entitlem…