SMace
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Have you talked to her about when she could come back and/or what her prognosis is? If she has a qualified disability a reasonable accomadation may be allowing her another month off. You've already allowed eight months, what's nine months. At lea…
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Regarding health insurance, I just went to a meeting w/ a consultant that gave the advice to fire your broker and hire a consultant. Brokers get paid a commission on your total premium, so they have no incentive to keep your costs down. I would su…
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Check out lss.com- lab safety supply. They have a bunch of heat related safety devices. One cheap and effective one is a headband that you can freeze.
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It is my understanding that you may not contact an EE's doctor. That is an FMLA rule not a HIPAA rule. I do not believe your HIPAA release would override the FMLA requirement. I'm not a lawyer, though.
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This is a fairly complex situation that might be worth a call to a competent lawyer. Precedent is the first issue. Have you extended leave to anyone past 12 months? ADA is the second issue. First you have to determine if she is qualified as disa…
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You can't "require" any additional documentation once the intermittent leave has been approved.
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I would only add that the doctor cannot determine she is eligible for FMLA. Just as we can't diagnose. The doctor fills out the form with information that you use to determine if she is eligible for FMLA.
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If it's a requirement that he can't meet with or without a reasonable accomodation he isn't covered by ADA. He's out of a job. ADA does not require you to alter safety rules.
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To be considered absence plus treatment they DO have to be out more than three days. It could be considered under other types of serious health conditions, but not absence plus treatment.
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I would hold his pay, send the restricted duty JD to the doctor and let the doc make the decision. You don't want to get into the business of deciding what restrictions an ee can meet. If the doc says he can work, and he says he can't don't pay hi…
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Someone may have said this, but the only problem would deal with restricted duty. They can refuse restricted duty and "use" FMLA. If they do that, they would not get paid WC. SO few make the choice, but it can happen.
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Until I see something in the regs or a court case that backs it up, your response is only an opinion. I posed the same question to our attorneys and they could not find anything to say we can't do it. Should or shouldn't do it is a different matte…
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Could not have said it better myself. That is exactly what we do. I've never been 100% comfortable with it, but I cannot find anything in the regs or any court cases to say we can't. I'm still looking and if anyone can point out anything, I would …
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I agree this employee is not eligible. The question I tried to ask concerned Linda's statement that legally and technically you CAN'T apply leave to FMLA before they are eligible. Nothing in that reg says you can't do it. It says you don't have t…
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>Not only are you setting a precedent but, >technicall and legally, you cannot designate the >leave as FMLA unless ALL qualifications are met. Linda, can you show me the reg or court precedent that backs up that statement? It woul…
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Lots of questions. Is Monday still a scheduled day? I'm not sure how an ee would consistently use one scheduled day as "an FMLA day". Intermittent FMLA is the result of a medical condition. Is her condition going to flare up every Monday? If sh…
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Deal with the work performance and leave the "bi-polar" stuff out of it. Myra is right.
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IMHO, if you follow this direction you will have violated ADA. The piece of the pie that is missing is exploring a reasonable accomodation that would allow them to perform the essential functions. There may not be one, but you and the propspective…
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However, if you perceive it is a disability by not allowing them to do certain work, you are on the hook. Elizabeth, I'm sure you guys have BB pathogen training if you are "cleaning" people. If you take Universal Precautions the HIV issue is a moo…
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You should have the option to reinstate them with back pay. I think you are jumping the gun with this virus thing. Where did you hear this? Are you sure it's true? If it's HIV you are going to have another lawsuit on your hands unless it's a j…
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She is not abusing the policy if your sick leave allows her the time off. It may be a NC/NS issue, I don't know what your policy on that is. You go on to say she is underperforming while out on approved sick leave. Well that's pretty much a given…
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Very well stated.
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A few years ago, IBM lost an FMLA case going by Marc's thought process of flu not being covered. If the absence meets the absence plus treatment guidelines, it's covered. Doesn't matter what the diagnosis is.
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[font size="1" color="#FF0000"]LAST EDITED ON 02-27-07 AT 11:06AM (CST)[/font][br][br]Perception of a disability could apply to this situation. What is your criteria for layoff? Length of service, job performance? If he doesn't fit that criteria …
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It is not surprising to me that this comes from the 9th Circuit. Nothing but bleeding heart enablers. If you throw a temper tantrum they'll give you a lollipop.
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Whoa horsey. I wouldn't even discuss accomodation, ADA, etc. Even if they are qualified as disabled if they can't do they job, they get discipline. If you have been consistent about your level of expectation, I wouldn't give it another thought. …
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You cannot require that they go to the doctor if the leave is "certified" on the FML form. That is alos covered in the link I posted.
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[font size="1" color="#FF0000"]LAST EDITED ON 02-15-07 AT 11:50AM (CST)[/font][br][br]You're wrong. Go to this link [url]http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.203.htm[/url] This is what you're looking for: A pregnant employ…
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I would probably just go see them on the floor and tell them what I got. Ask them if it's ok to send it. If they say no tell the insurance company what you've done and the ball is in their court. If they say yes, get them to sign something and se…
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I agree with VP. I read it quickly and missed the seizure part. It should not be covered.