Rockie
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You really do need to do this, because you are required by law to inform employees of certain information - when leave starts, the responsibility of the insurance premiums, their status if they do not return within the proscibed time. I believe you…
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Make sure NRDgirl that you keep detailed records and copies of letters to the individual. I would suggest that you send certified copies of anything that you send this person so that you might have proof that they received it. There has been some…
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Terri: I don't think there is any way FMLA can be stretched to cover this type of event. This appears to be assistance in preparation of putting someone in a nursing home. I would think you would have to use PTO or vacation time to cover this.
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The way these forms are designed, it only take a moment to complete. For the most part, the staff completes the forms and just has the doc sign off. Greed comes in all forms. Them that's got, wants more!
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Just my opinion. If he doesn't take the time, I don't see how it could count as FMLA. The question is whether you should allow him to do this? I'd say if you did allow this employee to do this, can every employee be afforded the same opportunity …
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Technically, it does not appear to be FMLA related, but the interpretation can be "stretched" to include this. The pure definition is to "care" for spouse, child, parent of the employee if such spouse, child or parent has a serious health condition…
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Picking someone up from the airport is not an FMLA covered event. Is it because she is too ill to drive or is there a reason that might be connected to her illness? If it is, this is a "gray" area and it is up to you how liberal you want to be in …
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You are correct. Both categories have to be satisfied.
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You are so right. FMLA is one area where decision makers and even the supervisor of an employee can be sued individually for denying employee FMLA rights or retaliating in any way against an employee who has exercised his FMLA rights. I believe th…
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Since the paperwork was not returned in a reasonable amount of time (15 days), and you have heard nothing from the employee, I would consider this job abandonment. Because FMLA is such a precarious area of employment law - to protect yourself you m…
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Jeeze, by the time she exhausts all this leave, she may be pregnant again! (Sorry). I assume CFRA is California Family Rights Act? Is this an additional 12 weeks in addition to FMLA?
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Our state newspaper had an article a week or so ago where George Dubya is wanting to change all labor laws, most notably the FLSA which is a 1938 law and well past the point of needing to be looked at. I had heard about the 25 employee change in th…
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Don....I thought I could depend on you to reply to this one! This is the "can of worms" I was referring to. I understand that George Dubya is going to attempt to reform Labor Law and part of the FMLA dealing with serious health conditions is on th…
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It's my understanding of the law that a company has to pick one way or the other to handle this - they cannot pick or choose according to the individual or the situation. The company must also notify the employee which method it is using.
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James: Doesn't the employee have to be designated a "key" employee prior to the leave being taken and they have to be notified of this fact? I don't believe you can go back and designate them as "key" after the fact. I may be wrong here.
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You are right on the first question - may only take a combined 12 weeks for the child; but on the second, I believe you would have to grant them leave at the same time if they requested it. I personally have never had this happen and have only had …
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I agree with the posts about treating pregnancy issues the same as other temporary disabiity. It may be a case of employee simply wants to transfer to a day shift. If you don't have one available, not obligated to produce one just to accomodate pr…
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My understanding of the law is if they are on FMLA, they should not be performing any work for the company. If they do, they must be paid and therefore must be taken off of FMLA. This doesn't matter is it's intermittant leave or not. We had a…
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You can't prohibit someone on FMLA from holding another job which may be more conducive to their schedule. Example: They may not be able to work for you during the day because they have to take care of a sick mother, but they can work at Wal-Mart i…
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Under the Federal law, parents in law are not covered; however, some states are more generous than the federal law, so you would need to check your state statutes.
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FMLA only covers the birth of a child of the employee and the ensuing "bonding" time up to 12 weeks. This provision also extends to males whose spouses have had children. The couple would be entited up to 12 weeks each unless they both work for th…
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It appears to me that this is a valid termination as it did not have anything to do with his FMLA as he had already been released to come back to work; he did not have means to come back to work (for whatever reason). I would say the termination wa…
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I would suggest you have her get a medical statement for this just to cover you in case the employee tries to make a case against it being counted as FMLA. You need to make sure this time can be counted toward her 12 weeks leave as she is probably …
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I would just approach the employee and state that you are unable to approve her request to take this much leave. I would further state that it would be unfair to the rest of the staff to allow her to take an entire month off and then start 3 months…
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I can understand the "complications of pregnancy" scenario, but I can't understand why anyone feels that caring for an adult who had a normal delivery would qualify as a serious health condition. Sounds like they just want time off to spend with th…
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I think my dogs and I qualify as "domestic partners" except for the sharing living expense part. Of course, they may qualify for the 62 years of age (in dog years).
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Don - Yes, but I understand there are others on the way. The New York Times is now allowing same sex "marriages" or "committment ceremonies" to be placed in their newspaper the same as conventional marriages.
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>Yes, but the heterosexual partners have the option to marry, the gay >couple does not. > >greenperson Check your state laws on this!
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Now, I have heard everything The next thing will be FMLA to "potty-train".
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You may want to check with your labor attorney on this, but it's my understanding that if you are not required to offer FMLA leave, and you do so voluntarily, you have to comply with all the rules and regulations that are associated with the Family …