POPEYE
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I had voiced the same opinion but wanted to get another viewpoint to substantiate my feelings. Thanks.
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We are very kind to our EEs and do not require that they use any type of benefit hours during FMLA. We have a "NO FAULT" attendance policy and do not distinguish between EE or family care or even if they want to go motorcycle riding with Don D…
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Agree with sonny. Unless you have a State Maternity Leave like we do in TN that gives 16 weeks.
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I am going to have to respectfully disagree with Linda S. The DOL description of the "Rolling Backward 12-month period" clearly states that it is from the date an employee uses any FMLA leave. Under these guidelines, assuming your EE took all 12 w…
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You are correct. Not a legal requirement but the attorney was stating from a logistics factor it presents a better perception to an investigator if you can pull the requested documents immediately.
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I have also been filing FMLA papers in the medical file. However, I attended a Law Update seminar last week and the presenting attorneys highly suggested keeping a seperate FMLA file. They cited recent instances of the DOL coming in and wanting co…
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Ken, You state that this is a very small organization. Is it large enough to have to offer FMLA? If so, and the restructuring / termination would have taken place even if the EE was not on leave, and you have the documentation and I mean GOOD DOCU…
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You are correct. While on FMLA the EE is entitled to all benefits that any other employee would have including you paying the employer portion of premiums. There is even a 30 day grace period for them to keep their portion paid.
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Just one thing to add: When setting the "time frame" for receiving physician certification, the REGS states that you must give them at least 15 days from the time they are notified in writing of their responsibility to do so.
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Don D you are absolutely correct. I am sure that there are many times that we all have maybe circumvented one or two of the REGS. I also know what a feel good it is. However, (now I feel like you telling someone else and I certainly can't do it a…
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Sec 825.113 (c) of the Federal Regs gives a clear answer. Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18 or age 18 or older and "…
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If the EE was notified IN WRITING of their responsibility to submit certification within 15 days and did not do so, then you may treat the absence as you would any other. The key is notification in writing. Even though we have the requirements post…
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NaeNae55 is right. Sec 825.209 (h) An employee's entitlement to benefits other than group health benefits during a period of FMLA leave (e.g., holiday pay) is to be determined by the employer's established policy for providing such benefits when t…
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Don D - Please set me up a hunting trip for those MS 8 legged rabbits!! We don't have those here in TN and I'm always looking for a good hunting adventure. One of my hounds did tree a 5 legged coon once.
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Ditto to the above 2 posts!!!!!
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Deliberator, What I am trying to say is that so many times some of we HR types try to be doctor, judge and jury. Panic attacks may very well be a symptom of her depression but it just as well could be caused by something else. As has been said…
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Not to be ugly but we are not physicians. That is why the DOL came up with the physicians certification form. If the physician will certify that this is a "serious health condition" then as far as we are concerned, it is.
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You need to have your version of the DOL physician certification completed. As long as you get that and the EE qualifies for entitlement there should not be a problem. If you do not have a copy of the Federal Regulations, I would suggest that you …
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Check out sections 825.114 and 825.118 of the Federal Regs. A Dentist is a "health care provider" and if he/she certifies a serious health condition and stipulates a specific amount of time, that cannot be questioned. Reading 825.114 carefully eve…
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You may figure the time either way, just be consistent. We have some 12 hour positions - 36 one week - 48 the next and also have some that work 30-32 hrs per week. We figure our FMLA entitlement by the hour. I too have a spreadsheet and between m…
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Agree with PAhr!!!
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We try to notify when they have exhausted 400 hours. Each of our supervisors are responsible for tracking any and all leave (paid or unpaid) and then payroll conducts an audit each month. The supervisors notify HR when the EE reaches 400 hrs. and …
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Sec 825.113 of the Federal Regs. gives a little guidance on this. The term "In Loco Parentis" in my opinion would cover this.
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I think your last words "unless they are on vacation" would tell me that you should be paying Holidays for your EEs on FMLA. That would be a benefit that all would get so you may not deny that from someone on FMLA. Maybe one of our legal gurus wil…
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Sec 825.200 of the Federal Regs states: "When determining the amount of FMLA leave taken, a holiday occurring within a week of FMLA leave has no effect--the week is still counted as a week of FMLA leave." Hope this helps!
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Don D is exactly right. You mentioned extra duties that no one else does. Do not make the mistake that some do and try to classify her as a "KEY" employee unless she meets the criteria. A neighboring company just got hit for several $K under this…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-21-03 AT 10:44AM (CST)[/font][p]I assume from your post that the Dr had certified her to be away from work for 6 weeks after delivery for medical reasons. FML gives parents up to 12 weeks in a 12 mon…
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We have had a few instances of this happening but the highest any of our employees have quoted being charged was $14.00. The other thing that upsets some employees is that the DR's office will tell them it will be 10-14 working days. The first thi…
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Not to totally disagree with Gillian, but the birth or adoption of a new born is a qualifying event. It does not need to be a "Serious Health Condition" Your EE would qualify for the entire 12 weeks for bonding if he desired. If both husband and wif…
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It depends on how your policy is written. We have FMLA run concurrently with any and all paid leave and have advised our employees such in our response letter.