Rockie
About
- Username
- Rockie
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
As long as this guy is on FMLA, he is job protected. After his FMLA runs out, it appears he may qualify for ADA protection. This can only be done through an interactive process between yourself, the employee, and their health care providers. Th…
-
Good one Balloonman! I have a few I need to send to this TV show!
-
If the guy had complications from a vasectomy to the point where he was hospitalized as an inpatient overnight, then this would certainly qualify as FMLA. The same goes for a tubal ligation, which I think is a more complicated procedure (but what…
-
>In terms of her getting to the appointment >earlier, within the realm of FMLA--how can I >"force" her to make her appointments earlier? >And if she doesn't, want kind of recourse can be >taken? > >I called the chiro's…
-
I agree with all. I can't imagine any health care provider not having appointments available until 10:30 - she should be able to get an 8:30 or 9:00 appointment easily if scheduled ahead. Likely what happened is that 10:30 is what her first appo…
-
I agree a second opinion would be in order. This employee evidently has gotten his doctor to sign off on this. The doctor may not even realize that this is only a Friday "condition". More often than not, a nurse signs off on these FMLA forms anywa…
-
Generally, FMLA does not cover these types of issues where there is a death in the family. This would not be considered a serious health condition under the law unless a physician certified that the father was so physically or emotionally distraught…
-
Thanks Vic. I hope they know more than the HR people did.
-
Correct me if I'm wrong, but I believe a company can state in their policy that FMLA taken for the purpose of the birth of a child and the "bonding" time afterwards must be taken consecutively. Our policy states this. Otherwise, you might have som…
-
I just go ahead and send the paperwork, tentatively designating the leave as FMLA, pending receipt of paperwork back. Three days out sick is a "trigger point" that this could be FMLA and I'd rather go ahead and send the paperwork than risk losing…
-
I don't think I would put this type of surgery in the category of cosmetic surgery. It may be elective, but generally, surgeons will not perform it unless the individual is morbidly obese (100 pounds or more). I would let this one go as FMLA.
-
Because it was a second opinion. Employee agreed to go to another physician.
-
Thanks Don. I wonder how he will react when I ignore his bill????
-
I agree with everyone who said FMLA does not exempt the requirement for calling in. Otherwise, anyone on intermittent FMLA could just not show up whenever they didn't feel well. I have migraines, but never to the point where I could not, at least,…
-
As long as the employee's doctor doesn't feel there is an issue, they can work until they go into the hospital. In a medical practice, you often come in contact with certain hazardous materials or areas that YOU as an employer might feel compelle…
-
Whirlwind: I tend to agree with what you said. Our organization is much like yours. I certainly don't want supervisors making these decisions. My main issues with supervisors is just what you said...make sure they let you know when someone is ou…
-
Linda: I can only go by what the Federal law states. State law may dictate more generously when it comes to FMLA and if the state law is more generous, then you must follow that. Union rules...I haven't a clue. Just guessing...I wouldn't think th…
-
You need to find out if this "elective" surgery qualifies for FMLA. It seems mighty suspicious that this keeps occurring every year. Is this the same surgery? Three months seems like a long time to be out for "elective" surgery. At the very leas…
-
Good advice from all. State WC often drives whether you can term or not after FMLA. Most of the time, you can term. Always run comp and FMLA concurrently. I am assuming that you send a letter out to the employee within two working days outlini…
-
In an opinion by the DOL, an employee with a condition such as the flu or strep throat, who is incapacitated more than three consecutive calendar days could qualify for FMLA if they visit their doctor on one occasion and are treated with a prescript…
-
There is absolutely no reason to divulge someone's personal medical information to a supervisor or anyone else except strictly on a "need to know" basis in order to properly put them on leave. Putting myself in the employee's place, I'd not tell …
-
Unless your organization is radically different than mine, telling a supervisor something like this is equal to putting it on the Internet. There is no reason for a supervisor to know about this employee's personal medical issues. This will only…
-
A good rule of thumb for answering questions like this concerning the FMLA: Take the FMLA aspect out of the question and ask yourself if the person would have been eligible for the bonus if not for FMLA. If the answer is yes....better give them th…
-
We use the same procedure that Don's company does. We do require every employee to present a certification to return to work after being on FMLA.
-
Yes, the company would have had to advise her of being one of the "key" employees BEFORE she went on leave. This company is in direct violation of the FMLA provisions of restoring the employee to the same or equivalent position upon her return. …
-
Gastric bypass would qualify for FMLA as it is only performed on those with morbid obesity (100 pounds or more overweight). It's not the latest fad diet. Other cosmetic surgery might be a tossup. Usually tubals and vasecs are done on an outpatien…
-
I think Don is mirroring the frustration that all of us are feeling of the the ludicriousness of some of the situations we encounter cause us. Laws such as the FMLA were put in place to help the people it was supposed to help - those genuinely il…
-
Don: The only case I have ever heard of that might remotely apply to "babysitting" is the case of where a mother might be needed at the hospital to care for a hospitalized child. The father might be needed at home to care for small children while …
-
I think it's ridiculous for a physician to charge at all for a certification that probably takes less than 5 minutes to complete. $75.00 is criminal! I would be looking for another physician in the future. You are probably right about this being …
-
As Don stated, the employer cannot require the employee to give the details of a diagnosis. If a doctor certifies that an employee has to have surgery and will be out six weeks, then I accept that. I do not need to nor do I want to know the detail…