Rockie
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It's not just the same rate of pay. It has to be the same job or equivalent job which means benefits, pay, stature (level of responsibility/accountability). Ex. You can't bring a manager back from FMLA and put them in a clerk position simply at…
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Well Don - this guy certainly doesn't have to worry about the status of his 401(k) does he? I think a lot of this attitude comes from the fact that most men don't ask for their rights under FMLA for bonding of newborns and I think it's because of…
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She certainly is enititled to FMLA and ,depending on her disability, might be entitled to ADA protection as well after the FMLA is exhausted. Unless your company is looking for a lawsuit, your boss might want to reconsider this. (This is provided…
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I have just spent two days in the company of attorneys who are specialists in employment law (so they say). In the case of infertility treatments, etc, this is considered a "gray area" which means it has not been tested in the courts as of yet. …
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I have not been able to find anything as far as FMLA covering infertiity testing. It seems I read something about the treatment of infertiity or someone attempting to use FMLA for this, but I can't find that it would be covered. Without getting gr…
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DITTO! It's really sad that healthcare is coming to this. Doctors are rapidly getting the same reputation as attorneys (no offense guys!). I work for a large physician group and I see this every day. There are still some good, dedicated physician…
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I agree. Not following policies fairly and consistently can land you in hot water, especially when dealing with protected classes.
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The FMLA regulations state that leave may be taken to care for the spouse, child or parent of the employee if such spouse, child or parent has a serious health condition. #1 This is a step child, so under FMLA regs, it appears that it would be t…
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I think the question here would be are we talking about taking leave for disabiilty or illness of the child or are we talking about lack of day care for the child? I don't think that Downs Syndrome children ar excluded from day care facilities, s…
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I think you are absolutely correct in getting a doctor's note. I would be surprised if he would be able to file for the disabiity unemployment without backup from a physician. The fact that he isn't interested in any modified duty work or the fact…
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I can't find anything in the regs that even addresses dental treatments as a "serious health condition". I assume if the employee had complications from a procedure that would cause him to miss more than 3 days, such as fever, swelling, etc., this …
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I agree with you Rusk. I believe somewhere in the FMLA regs it states that time can either be paid or unpaid, but it has to be desinated by the company as one way or the other and the employee has to be notified of this in their FMLA letter. I don…
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Better crank up the machine! It there appears to be a pattern to you, there darn sure will appear to be a pattern to the EEOC. They take a very hard look at retaliation claims. Your only saving grace would be if you have excellent documentation f…
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I don't understand what you mean by recertification? My understanding is that an employee would receive up to 12 weeks of FMLA for placement of a foster child - (the same as bonding with a biological child). Hope I am understanding the question co…
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First of all, why would you grant a 9 month employee 12 weeks of unpaid leave? 12 weeks is not a magic number unless they do qualify for FMLA. If you wanted to grant unpaid leave, I think 30 days is plenty. If you let this person have 12 wseeks t…
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Gracie: The case everyone is referring to is Ragsdale vs. Wolverine Worldwide, Inc. where the court overturned the DOL notification requirement adopted in 1995. The employee (Ragsdale) took 7 months of unpaid sick leave as allowed under a collecti…
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I would say while she was out,she was covered under full time benefits and would not be subject to having to reimburse the company. Since this is also an agreeable situation for both of you, I would just consider her status changed on her first day…
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When this was designated as FMLA initially, was he supposed to be off 6-8 weeks? If so, did his physician give him clearance to come back on an intermittent basis? This certainly could qualify as intermittent leave with the proper medical authori…
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I would say the child's surgery and absences related thereto would be covered. If this surgery was planned (which it appears to be) employee should have followed proper procedures before the surgery in order to make sure this was certified as FMLA.…
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I totally agree with what Don says. FMLA is complicated at best and when you add the mixture of a number of supervisors with varying opinions/ideas/axes to grind with employees - then you really have a mess on your hands. Let HR do the determinati…
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Don: This is my understanding also. I have also had the misfortune of employees overlapping the "rolling year" of FMLA where they use up their "quota" of 12 weeks and then can "requalify" for another 12 weeks when they are out. I understand this …
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I wouldn't let her do this unless (1) you had a doctor's clearance and (2) you are setting a precedent. I would just tell her that she didn't have to use the entire 12 weeks of "bonding" time and if she wanted to come back earlier than the 12 weeks…
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To be on the safe side, I would go ahead and ask the individual if they are aware of their FMLA rights and document that you had the conversation. It never hurts to go the extra mile with this law. Some former employees have a short memory when it…
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I believe in the case of FMLA, you can choose to require them to use the leave or not use the leave, but the company does have to specify this and I believe it has to be uniform, across the board. I don't believe the FMLA regs will allow you to tre…
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I would change the policy on performance evaluations that a merit increase will not be given until all mandatory training has been completed. Yu can bet they will find a way to attend training if it affects their paychecks.
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You have been extremely generous and have, indeed, set a precedent to extend to other employees. Unless you are prepared to go this far with everyone, I would just terminate. It's very sad, but I don't see where you have a choice.
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I'm not sure you could deduct anything from her paycheck without her authorization. Depends on your state laws. SC does not allow garnishment of wages, except in very few instances. This is the danger of allowing employees to borrow future time…
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I believe most of the time it is a time constraint. MDs get so much of this to complete - some of them are even charging to complete this paperwork. No, I don't think cosmetic surgery is a covered "illness". I had an issue with an employee once …
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So....Don...my worst nightmare is coming true! We would have to give her 16 weeks? AHHHHH! Not the answer I was looking for.
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Seems the more "perks" the government grants employees, the more creative they become at trying to get more and more! These are the reasons that HR people turn into cynics!