Rockie
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Depends. Due to the nature of an abdominal hysterectomy, it is quite possible that his wife will not be able to do much of anything for at least a couple of weeks. After that, it's quite possible that he will need to take intermittent leave to dri…
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I'd ask for the medical verification and also an explanation as to why the company was not notified that the employee was in the hospital for such a lenghty stay. If the employee was truly in the hospital for pneumonia for this length of time, it w…
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Generally, we require our employees to stay in contact with the supervisor during the duration of their FMLA leave. If you have paperwork stating the employee is due back from FMLA on a certain date, then they should return unless the physician has…
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I agree with not requiring an employee to check in periodically unless there is a good reason. I would be much more concerned about not getting the health insurance information back. This could, most definitely, impact her coverage. I would sent h…
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My opinion is, if these absences to which she was entitled to FMLA were used against her for any reason (bad performance appraisal, denial of a raise, written up for absences, etc.) and she was not aware that she was entitled to FMLA, then I believe…
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Elective cosmetic surgery does not qualify as a serious health condition under FMLA. On the FMLA paperwork there are guidelines that the physician goes by in certifying FMLA. I would not think that a physician would certify this as a serious healt…
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Now Don....I know you wouldn't even think of doing this either!
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I just had a case where the employee had day surgery, came back too soon and then had to be out three days. She did not "want" FMLA,but she got it anyway. I simply sent her a letter stating this would be counted towards her FMLA allotment. Her p…
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Look at it this way, also. You would grant for a spouse with a serious illness such as brain surgery....I believe a child with this type of surgery would qualify for FMLA. I would not want to face this one down in court. I'd go on the path of lea…
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This guy is a major pain in the A____. He filed a complaint against us for racial discrimination because we refused to guarantee him that he could leave work early every day to pick up his child. He lost this and now is just a major annoyance. Hi…
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You have to treat the employee as if the FMLA absences did not exist. If she is dependable and reliable when she is there, then she is a dependable and a reliable employee. Anything less will be seen as retaliation for exercising FMLA rights.
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I am sure that prenatal classes are offered at times other than Saturday mornings. Generally, they are also held in the evenings to accomodate individuals' work schedules. I agree that this would not qualify as FMLA.
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If the employee qualifies for the bonus independent of the FMLA, they would be eligible. Employee cannot be "punished" in any way for taking FMLA.
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I have never heard of getting custody of a biological child as a qualifying event for FMLA.
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I would not call this an "extension of FMLA" as FMLA only obligates the employer to protect the job for 12 weeks. I would consider a leave of absence after the FMLA has run out. Make sure you put in writing, that this is a leave of absence and you…
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Sorry. Caring for children is not a serious health condition or covered under FMLA. The employee would need to take PTO or vacation time for this or a leave of absence.
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I assume you must be using a PTO system since the employee is using "vacation days" instead of "sick". The over 3 days is still a good trigger point that this might qualify for FMLA. I would still require the employee to bring in a doctors' excu…
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>On the other hand, if you really would like to make their life >comfortable (if that is possible given his condition), fire her for >providing a falsely worded document and watch them go to the bank to >deposit roughly a third of…
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Wow Don! Parenthetical? I am impressed with the increase in your vocabulary skills!
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I believe you are flirting with danger here. The FMLA does not make any distinction between a natural birth or an adoption, as far as what the law mandates as time off. If you, as a company, make that distinction in your policies, I believe you co…
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"Nuff said".
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Gee Don....you left out the ever-popular erectile dysfunction!
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Thanks for your input, as always. I just did not want to fall into the "trap" that I know this is going to be. By the way....you forgot to mention "moon-fits" which is certainly a re-occurring event at each full moon. I'm glad it's going to be …
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Don. You sound a lot like my husband. He hates funerals and all the "drollness" that goes along with them, especially people peering down at the body..."My don't he look nat'ral". He especially hates the parade in some locals that have a police esc…
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Popeye: I've never heard of this being a legal requirement. Dear God...we will be keeping 10 separate files on each employee before long. I think this is more for the convenience of the investigator/auditor.
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Also agree with Don. The certified letter is the safest route to go and then terminate after sufficient time has gone by and you have or have not received confirmation of serious illness. The individual liability awards I have seen are tremend…
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I'd go ahead and send it now. At least the employee will know you are taking a look at this and you expect some further information.
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You really don't know if this is a qualifying event without further information. I would send the employee a certified letter to this effect that you will need further information in order to make a determination as to her FMLA status; otherwise, I…
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It would be interesting to know if these employees were all using the same dentist. Personally, I have never known anyone to take off 6 days to have wisdom teeth extracted. I didn't take this much time off with extensive periodontal work. True, t…
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Don: We have it written into our leave policy that employees on extended leave do not accrue PTO nor are they paid for holidays while on this leave. We incorporated this as it appears to be a gray area in the law.