Rockie
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Comments
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Agree with Don and Linda. Taking care of an estate is not a qualifying event for FMLA. I've had all kinds of weird requests for FMLA. Day care issues seems to be one of the worst.
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The law does not treat adoptions or foster care any differently than biological children. Intermittent leave would apply such as in the case of meetings for adoptions, flying to another country to pick up a child, etc.
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>Rockie - you may want to review 825.206 under >the FMLA regulations. This section addresses >whether or not an employer is permitted to >"dock" an employee's salary (exempt) for unpaid >leave and it states that an exempt emp…
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This employee performed work during the work week, therefore, you will have to pay him for the entire week unless you require him to use vacation time. I suspect he already knows this since he came in for one day. If you require your employees t…
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The Federal law requires that you either require the leave to be used concurrently for all or not require for all. Cannot pick and choose and must also inform employees via the policy what method you require. That being said, it appears that WA si…
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Good one Don!
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If her 12 weeks of FMLA protection is up, her job protections and entitlement to a position are also up. What I do with a case like this (and I have had a few), I send the employee a certified letter stating that their FMLA has been exhausted and…
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So,if I'm reading you correctly, you are charging her 2 hours day intermittent leave for her treatments? This seems like an appropriate way to handle this. FMLA does allow employers to charge otherwise salaried individuals time away from the workp…
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>Et Cetera? Other than the jawbone, from where >could teeth be extracted? Well, there's the seat >of my britches, right? Don....as much as I like your visual, I think they can either be impacted into the jawbone or in the soft tissu…
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I think this would depend on the degree of the surgery. Some folks breeze through it (I was back at work the next day), but others have to have them pulled out of the jawbone, etc. (OUCH!). If it was necessary to be out more than three days (certi…
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Yes, indeed, we have all been here. My classic question to individuals with this attitude is "What would you do in this situation?" Or "If you were in this employee's shoes, how would you want to be treated?" Also, might be a good time to r…
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Under Federal law, you are under no obligation to bring an employee back who cannot perform the job or who is assigned to "light duty." If they don't have a fitness for duty statement that they can return to the job they were in...you don't have to…
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HRPager: Most important...if a doctor certifies that a family member is needed on an intermittent basis to care for someone in a nursing home or whatever, I'd not question it. If anyone has ever had a relative in a nursing home or any healthcare…
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Migraines come in all degrees. A physician's statement would have to be forthcoming to verify that these are incapacitating. This should have been done when employee first discussed this matter with the supervisor so that it would have been on fil…
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We also require a fitness for duty statement before returning to work. If employees show up without it, they are sent home.
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Our practice does not pay holiday pay while on any unpaid leave of absence as per our policy. As long as the employee (for whatever reason) is on paid leave, they are paid for the holiday. If they are on unpaid leave (for whatever reason), they are…
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If the employee notified the supervisor that she was taking intermittent leave, then it was the supervisor's responsibility to let whoever is responsible for FMLA know this. Because the supervisor is an agent of the company, this would suffice as n…
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Dumping the problem in HR's lap? What a novel idea! You are under no legal obligation to bring a full time person back as a part timer (accomodation), but most companies would elect to have an employee come back on a part time basis with proper …
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I tend to agree with Linda. If you know of the situation, that's your notice that the individual may qualify for FMLA. I'd advise them of this fact and let them make the decision for either FMLA or resignation.
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If this person was released to come back to work yesterday and didn't show up until today, I'd write it up as a violation of your attendance policy (unscheduled absence). I request that individuals get paperwork back to me within 15 days.
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You can't just single out individuals who are on FMLA leave for the birth of a child. If you ask these type questions, you need to ask of everyone that is on an extended leave. Most people, if asked, are going to say "yes", whether they have mad…
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It really depends on the surgery whether it is elective or not. It appears that this is an elective surgery and if so, I would request that she attempt to schedule it at a more convenient time for the employer. This way it wouldn't leave you so sho…
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Don is correct. I had an employee who had an accident and she stayed out as long as she possibly could. I believe it ended up being five weeks due to all her PT, etc. I had already had another FMLA episode with this same employee where she had b…
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I had something similar to this happen last year. We had a director whose position we needed to eliminate. She was not the only one, but just about the same time we decided to eliminate her position, she presented us with FMLA paperwork that she n…
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SMace: You can require the "bonding" be taken all at once; otherwise, an employee could drag it out intermittently until the kid went to college.
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I've never heard of anything like this being in the regs. Most companies do exactly as you do - require employees to use all paid leave time before going into a leave without pay status.
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I agree with everyone else. This employee,unfortunately, is using her pregnancy to dictate her own hours. We have a similar situation in our medical practice. An employee, who had a tardiness problem pre-pregnancy, is now blaming her inability to g…
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This individual has more problems than just her husband leaving her. Stalking is illegal in most states, so if this behavior continues, she is open to being arrested. I'd sit the employee down and advise her of what you absolutely know to be facts…
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We don't allow PTO time to accrue for an employee on any leave of absence. As long as employees are receiving their paid time, we do pay them for holidays.
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Don is absolutely correct. This is a good example of "abuse" by an employee purely trying to get out of work. There is no Lamaze program that I have ever heard of that would be purely during worktime hours. Most moms to be work as well as dads to…