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Rockie

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Rockie
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  • I don't believe this would qualify for FMLA, unless there were serious complications, but I feel a leave of absence would be in order.
    in FMLA or any other leave for mother of stillborn baby? Comment by Rockie May 2002
  • Yeah, we would do the same thing for everyone. It just happens that pregnancy seems to come up more often than anything else.
    in Yet Another FMLA Question! Comment by Rockie May 2002
  • Thanks Margaret. I felt that was the right answer, but needed validation!
    in Yet Another FMLA Question! Comment by Rockie May 2002
  • Please help me with this guys! Don't be shy!
    in FMLA Eligibility Comment by Rockie May 2002
  • I think that's pitiful. Just another example of a law that was put into place to help people, but has created a nightmare for all of us employers!
    in Terminating FMLA Moonlighters Comment by Rockie August 2002
  • I've learned that the FMLA is like a lot of other employment laws. The basic premise of the law is good, but like everything else, unscrupulous people have found ways to take advantage of it and (some) attorney have been all too willing to jump on …
    in Terminating FMLA Moonlighters Comment by Rockie May 2002
  • Once a physician gives a statement verifying the need in a case like this, I would be very hesitant about not giving the FMLA leave. It is not worth the hassle that you would have to go through if an employee took issue with it.
    in FMLA Protection to Care for Adult Child Comment by Rockie June 2002
  • This is just TOOO coincidental to be real. Migraines come in all variations from very mild to debilitating. (I have them myself). I would just have a heart to heart with the employee (and present documentation) that the migraines are occurring onl…
    in Migraines Comment by Rockie May 2002
  • Don: This would probably fall under the case of a "chronic medical condition". I believe your concern may be that any employee that has a headache will say "I have a migraine" and will want to be out for FMLA. In order to qualify for this, I woul…
    in Migraines Comment by Rockie May 2002
  • You were perfectly within your rights to cancel his insurance for nonpayment of premiums. When he comes back from leave, he can be offered the insurance again, but he may have to requalify for insurance (i.e., complete a statement of insurability).…
    in Canceling health insurance while on FMLA Comment by Rockie May 2002
  • Thanks Anne: That is exactly the answer I needed. We have a situation where the exempt employee states that she does not want to use her PTO for being out with an unexpected operation. She states if she has to do this, she "will come back before …
    in Intermittent FMLA & Exempt Employees Comment by Rockie April 2002
  • This is definitely NOT covered under FMLA, but there are some state laws that are much more lenient than the federal laws concerning leave statutes. I know California requires that employers give more leave than the federal mandate. Vermont may we…
    in FMLA - To care for a brother. Comment by Rockie March 2002
  • If you don't allow accrual for any other time off due to disabiity, then you do not have to allow for FMLA. The trouble you run into is if you single out FMLA and treat this differently than any other illness or disabiity. The partner is talking…
    in FMLA - Accruing Paid Time Off Comment by Rockie March 2002
  • It depends on your policy. Some companies don't require employees to use paid time off to run concurrently with FMLA. This allows the employee to hold on to what are sometimes substantial leave banks and they can take 12 weeks of unpaid leave (if …
    in Substitution of PTO Comment by Rockie March 2002
  • You need to respect the confidentiality of the employee and you only need to tell others that she is having a medical procedure. No one else needs to know the details of the procedure nor should any additional information be given to anyone else.
    in Confidentiality of Medical Information Comment by Rockie March 2002
  • These laws are "state specific" and have not been added to the federal statute as yet. But "hold on". I am sure they will get there!
    in FMLA State and Fed Law Change Comment by Rockie February 2002
  • If the employee is able to return to work following FMLA, the job guarantee is an equivalent job (does not have to be the exact same job). At any rate, you also may temporarily transfer this person to another position (no reduction in salary, benef…
    in Supv on FMLA, dept falling apart! Comment by Rockie February 2002
  • Most companies use this method for the very reason of fairness. Would a supervisor prefer an employee be out on 12 weeks FMLA and then come back and take a 2 week vacation? The supervisor and the coworkers would certain consider this unfair. You m…
    in Uncooperative Supervisors Comment by Rockie February 2002
  • The first question an attorney will want to know is - why did you wait until the employee went on FMLA to address this issue since obviously, this problem existed prior to the employee going out on FMLA? You can terminate an employee while on FMLA…
    in Can I fire an employee on FMLA for other reasons? Comment by Rockie January 2002
  • Thanks Down The Middle! Having sat in courtrooms and having had to process mounds of paperwork for EEOC and Human Affairs Commissions, I have learned it's best to err on the side of caution. Thanks for your response and the others who responded!
    in Expired FMLA Comment by Rockie January 2002
  • You are absolutely correct. An employee who has used FMLA cannot be "punished" in any manner or perceived as losing anything for having taken FMLA. Quick ticket to EEOC claim.
    in FMLA/Compensation Reviews Comment by Rockie December 2001
  • You, as the employer, have the potential of getting into a lot of trouble with the DOL if you have occasion to discipline an employee for absenteeism in what should have been a qualifying event for FMLA and it was not designated as such. For exampl…
    in Employer Forces Designation of FMLA Leave Comment by Rockie December 2001
  • Employees have the mistaken idea that "they" get the choose whether leave is FMLA or not. If the leave qualifies under FMLA guidelines, then the employer designates the leave as such. Now...if the state law (California or wherever) gives more "rig…
    in Employer Forces Designation of FMLA Leave Comment by Rockie December 2001
  • Just a curiosity question. I'm not knocking California - actually I love the state! But...how in the world do you handle staffing issues with all the extra leave that is given to employees over and above what is required by federal law? Do you us…
    in FMLA-Pregnancy Comment by Rockie December 2001
  • I also would find another doctor if mine started charging for this service. They are already getting paid for the medical service they are rendering to the patient and that should be sufficient for the minimal amount of time it takes for them to si…
    in Charge for FMLA medical certification Comment by Rockie October 2001
  • Thanks for your help!
    in What is considered a "spouse"? Comment by Rockie October 2001
  • This really depends on your company policy. Most companies require employees to use their PTO in conjunction with the FMLA. That is to say, employees uses all PTO and then takes the balance of the 12 weeks (or whatever they need) as unpaid time. T…
    in Accrued Vacation Pay instead of FMLA Comment by Rockie October 2001
  • This is fine as long as you don't count FMLA or any other federally protected areas (ADA, etc.). We are thinking about going this route with our attendance policy, where if employees exceed so many unscheduled absences (call offs) then a full perce…
    in Deducts from bonuses for use of sick leave- a violation of FMLA? Comment by Rockie March 2002
  • FMLA does not require that you reinstate to the original position - only a position with same pay and benefits. This may help her make a decision when she finds out that you don't have to "hold" a particular position. When you explain to pregnant e…
    in Matern Leave - holding position open Comment by Rockie July 2001
  • I definitely think you should have the concurrent policy of running sick time with FML leave. Otherwise, you may have an employee out there with a massive amount of time off available to them. I always encourage employees to use FML for their own …
    in You don't understand - they don't want FMLA Comment by Rockie July 2001