Peyton Irby MS
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>Our company is in the process of redesigning our >benefits program. Can an employer enroll an >employee in medical insurance (employer paid) >even though the employee states that he does not >want the coverage because he is …
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added by section 361 of HIPAA. also, see section 72(t)(2)(B) of the Internal Revenue Code.
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we usually advise that instead of the policy being entitled "maternity leave", that a policy dealing with leave for non-work related incapacity be used. it covers moms and dads for childbirth and others for non-work related conditions. some busine…
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The probationary issue does not negate ADA protection. However, it appears from the facts stated that the employee could not fulfill the essential functions of the position. One of the defenses to and ADA claim is an inabiity to fulfill the essent…
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The answer to the question on medical certification is that the employer may not question the certification directly (work comp. is different if that's the cause of the absence). You can have a health care provider contact the certifying provider, …
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If your state provides that a person living in the home with an adoptive parent (not married to the parent or having a guardianship order) would qualify as standing "in loco parentis" with the child, the FMLA will apply. If not, the regulations do n…
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A "joint caregiver" or any simlar definition is not listed in the statute or the regulations as one of those entitled to FMLA leave for an adoption or to care for a parent, child, etc. Unless your state has a more specific family/medical leave provi…
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Depending (perfect word for a lawyer to begin an answer)on the duties, the condition involved and the type of misconduct, you will need to determine if the employee is fit for his/her particular duty. The employee, based on the post, is probably not…
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This certainly sounds as if it is a qualifying condition for FMLA. You can begin FMLA without his signature and have him (if he's capable) and a physician sign later. Will the EAP respond to a family member's call? It seems clear professional help/g…
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Current MS law was correctly stated by the attorney. There have been successful defenses based on drug use but it is not an easy task to show that the cause was the employee being under the infuence. Peyton Irby Editor, Mississippi Employment Law Le…
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i am not sure what you mean by OT visits. normally, when an hourly employee goes to a doctor, they clock out and use available sick leave. Peyton Irby Editor, Mississippi Employment Law Letter Watkins Ludlam Winter & Stennis, P.A. (601) 949-4810…
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you could be facing an ADA or a workers' comp claim [if the employee has sufficient job related stress]. if you treat this as an ADA claim, you need to get medical advice as to the cause of the sleeplessness. this can come from the employee's doctor…
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the employee has a record of disability and would thus be ADA protected. the union should agree to accommodate. in the absence of the union's agreement, the CBA and ADA would be in conflict. there is case law that circumventing seniority provisions…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-21-03 AT 07:12AM (CST)[/font][p] the results are kept for "baseline" purposes in that some time in the future an employee may make a w/c claim for hearing loss. results at that time are measured again…
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while there is no hard and fast rule regarding "rounding" of time spent, most employers use the 15 minute window. if you are keeping time on exempt employees, do so only for the stated purpose of their availibility. docking of exempt employees destr…
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this is actually a borderline FMLA situation. the DOL indicates that intermittent leave is designed for a specific (more or less) schedule, such as chemo or dialysis treatments every other Friday. i suggest checking with your legal counsel as to whe…
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if the employee is not eligible for FMLA, it is not a good idea to count leave as FMLA. you can count as unpaid leave and give the employee some job protection assurance [if you want to] for whatever time you deem appropriate. Peyton Irby Editor, Mi…
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i assume your FMLA policy does not address the issue and in the absence of a union contract, most do not. i assume you also do not have a past practice of allowing berevement leave while an employee is on vacation or sick leave[non-FMLA]. in the abs…
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unless the sister is the "legal ward"[may be known as legal guardian], of the employee or either the sister or employee acted as the "parent" of the other, then not covered. note: the FMLA does not specify that the "parent" definition has to be a le…
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it depends on yourpolicies and past practice. if you pay holiday pay for employees on other types of leave, then the fmla employee gets the same benefit. if not, then no pay is due. some employers differentiate between paid and unpaid leave which c…
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assuming friday is the last day of your workweek, then the employee has used 1/5 of one of the 12 weeks. count 5 days for 12 weeks or 60 days. employee has 59 days left.
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an employee on FMLA is subject to the same discipline as if he/she were at work. example: an employee on FMLA would have have been laid off (RIF) if she had been at work. she is subject to the RIF.
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Amen to this post. Alos, a jury in Chickasaw County, MS recently awarded an ex-employee $8.5 million on a defamation claim becasue his employer publicized that his termination was based on thievery. NEVER publicize the reasons for termination exce…
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the problem usually occurs with "minor" illnesses and injuries. the doctors do not want to be bothered on what to them is a minor issue. the fmla does not require you to get a doctor's statement although the dept. of labor form notice says it is ne…
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it seems the 8th circuit may be confusing "can't work at this job" with the FMLA definition of a "serious medical condition". it certainly defies logic to say employees are entitled to FMLA when they can still perform the work.
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the ex-employee is entitled to the benefits he would have if there had been no divorce. [eighteen months from the termination] the same is true of the spouse. if she was entitled to 36 months as of the date of termination, then she can extend to 36…
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i agree with the post about adding this time to existing fmla leave thus taking her over the 12 weeks. i also agree that you need to be careful about retroactive application of leave to fmla leave. you apparently do not have a medical certification…
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does your fmla policy have a "rolling" twelve months for fmla leave? i would need this to give a better answer?
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Will you manage the facility or contract with an established group to manage it? Most employers follow the contract path. If not, you will need to use a release form for any one using the facility. Peyton Irby Editor, Mississippi Employment Law L…
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Your statement regarding MS law is correct. You may prohibit employees from recording conversations on company telephone equipment (including company issued cell phones) without managment approval, preferably written. Peyton Irby Editor, Mississippi…