POPEYE
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You would be correct!!!!! The "short" weeks would be because of a reduced schedule or other type of unpaid leave.
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It sounds like you anticipate a long period of certifiable intermittent leave. Be sure to figure ALL hours worked during the previous 12 months to find an average hours worked per week. All overtime or short-weeks worked must be considered when ca…
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>I need to be 100% clear on this response: "If >today is the one year mark you should send a >certified letter that she meets the requirements >for FMLA". > >So this means that if an employee has been out >for a month,…
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When we first become aware that there may be a qualifying FMLA event, we provide the EE with an information page outlining their rights and also their responsibilities and require that they sign stating they were provided same. This will provide pr…
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>Now I have my first instance at another entity - usually M through F >eight hour shifts - of an hourly FML employee who received paid >holiday pay...straight eight if not worked, holiday pay (an extra hour >for each hour worked) i…
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njjel - To answer both of your posts, what I have always followed is the physicians certification. One of the qualifying categories states Absence + Treatment. As far as I am concerned that would cover just about anything.
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A similiar scenario was brought up a year or so ago at a seminar I was attending and the presenter replied (and I am paraphrasing): Even though it may not be 100% by the regulations, if you are in doubt about granting or denying leave, put yourself …
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> Employer received a note from an employees psychologist stating the >employee has high anxiety. In order to qualify for FMLA, does the >diagnosis of a mental condition need to be more speceific such as a >DSM 1V type of diagnosi…
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>Popeye, are you sure? The way I read the regulations I concluded that >intermittent leave could run for the rolling year (how we do it) BUT >when configuring when they qualify for another 12 weeks (60 days, 480 >hours, WHATEVER)…
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There are many ways to compute the 12 month period. Rolling backward, rolling forward, a true calendar year or use the EE's anniversary year. Which ever method you use you must be consistent. Either of the "rolling" methods seem to be the ones of…
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Yes your answer to your question is correct by the method you use. They re-gain their entitlement hours as they fall off from 12 months prior.
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>Here! Here! to the second opinion. It works. If you believe you have a >malingerer, and you do not have your own on-staff medical personnel to >evaluate the employee the second opinion is a god send. The side >effects can also be…
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Although you did not specifically state, I am going to assume that this is a workers comp situation as well. Given the fact that the EE is on "modified duty" would infer to me that there would be on-going treatment and possible follow-up visits to …
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I have the same feelings you do about follow-through by supervisors. Given all the legal implications of FMLA, I feel more comfortable handling them. When an EE gives any indication they may have a qualifying event, HR is notified and we send a no…
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>I discussed again with the employee's supervisor. If she feels she >can staff appropriately with the employee out early, that she'd treat >other similarly situated employees the same way, and the employee >understands she'll lik…
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I would have to agree with LindaS. This would not be a qualifying event. Also, please make sure that any Personal Leave or other time off falls within your written policy and your not making exceptions.
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Doesn't the 12 weeks count >once in a 12 month period, even if the employee has multiple >qualifying events such as her illness and the illness of a spouse? However you calculate your leave time, the EE gets 12 weeks (480) hours in a 12 mo…
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Ditto
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We use the rolling backward method to calculate and only notify approximately 1 week before they exhaust their 12 weeks and then a notification that it is all gone. They then would not "start" a new year until they had a need and only then when tim…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-12-03 AT 11:45AM (CST)[/font][p] We have terminated 2 employees who were unable to >return to work after using 12 consecutive weeks of leave. They were >unable to even perform light duty at t…
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My male boss is asking me to do this because he said after six weeks, the >women is not considered sick any longer. I can already feel the heat coming through my monitor from the responses from our female posters about your Boss's state…
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I agree 100% with both of you. We do require a call-in for absence but the statement from the DOL investigator was as quoted. We were discussing another matter when it came up and neither myself or our GM wanted to raise any other questions so we …
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Since I assume this EE has been approved for FMLA, unfortunately you may not request any additional certification more often than 30 days. Intermittent leave is a definite "SLAM DUNK" for the EE. I had a DOL investigator inform me that if an EE wa…
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Agree 100%
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Unfortunately as of right now, it is the employer's responsibility to notify the EE in writing of their rights and also of their obligations in regards to FMLA. The response is supposed to be given within 48 hours of being notified that there may…
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You are correct under certain circumstances. However, it was explained at the last seminar that I attended, that you may not legally start counting leave entitlement time until the EE has been notified in writing. Although I have and I'm sure that…
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You let your "higher-ups" know that they can personnally be held liable and be sued for non-compliance and the company is NOT legally obligated to defend them. When you start talking about their personal pocketbook it generally brings them around. …
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>>The QUESTION: can we provide unpaid FML for hourly ees for all forms >of FML leave and then provide paid FML for intermittent/reduced leave >for exempts, and unpaid leave for exempts' consecutive leave after a >specific period…