SMace
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I would file the claim and let your WC carrier sort it out. The answer all depends on FL state WC law. My feeling on this issue is that it will be covered under WC.
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I see the question as "Did >EE perform the essential functions of the >position without accommodation prior to term and >possible subsequent notification"? No she didn't. She got fired. Was it the result of her disability and cou…
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I'll add that you have been informed that this person has a disability. Does it meet ADA standards? How could she get through the interview? How can she work? If you do not get medical information you are only assuming the answers. We are not m…
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I would require the employee submit medical documentation of her learning/language disability before I did anything. Now, will she understand this request or should you just talk to the Dad? I would normally never involve a family member in employ…
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I'll give you a hard-ass opinion. I'm not a DOT expert, but I would imagine you would have to hear to drive a truck. So, he either wears the hearing aids or doesn't drive. You would not be required to compensate him for the hearing aids. Make re…
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ADA comes into play if they are "qualified" as disabled. Google ADA. If they are then you should engage in an interactive process to determine in there are accomodations you can make to get them back to work. The accomodations must be reasonable.…
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I would go look on the "other" board for the tons of advice you received. xB-) PS I would grant it IF the paperwork was in order.
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Thanks for the laugh Pork.
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Aha. Now I understand. The 4th Circuit just decided a case on an "absolute" FMLA reinstatement right. They said there is none. So, if she wants to come back to a different position, you do not have to create one for her if you wouldn't have abse…
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I think someone is confused. Maybe it's me. If she resigned, she can't come back from FMLA. She can't be on FMLA if she is not employed. Someone in this picture doesn't understand FMLA. That is a recipe for disaster. You should absolutely invo…
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She resigned and then took leave? Did she fill ou the paperwork? Did you grant the leave? If you are going down the resign "road" and not offer her a position, it may be a slippery slope. I would contact an attorney. You can very easily get yo…
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How about a revolt in the business community? I've got my sign. Tell me where to go.
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> >With severe allergic reactions you have some >time, a trained officer would have time to draw >his weapon shoot a suspect and be able to >administer his eppi pin. I'm sorry, but this sounds like an episode of Andy Griffith…
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There has go to be more to this story. The HR Director, who I would assume is resposible for EEO, will not give you the necessary info to reply to a charge? Are you sure you need that info?
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Yes. FMLA does not stop someone from working another job. If you do not have an internal policy about it, I think he can do it.
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Your mod rate is a fairly useful tool, especially since your rates are partly based on it. Days without a lost time injury. Recordable/non-recordable Don't forget near misses. They turn into accidents. I also look at the costs of different type…
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Did you term him? If you haven't, just remember you have set a precedent for what all future situations will be judged. It's OK, just be consistent in the future. I was going to express that the poster was not looking for a pat on the back and a …
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>Smace, I think the approach you have described >is simplistic Thanks for the complement. As I said, it is very simple to deal with. > >I don't mind that you disagree with me but lets >leave out the judgements on what kind…
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It is not subjective at all. Someone in charge determines the answer to your questions, commuicates the expected behavior and he must agree to change. If he doesn't-progressive discipline. It's a problem. Just because he is a good chef you do …
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It's actually simple. Define exactly what behavior is inappropriate and he either stops it or he will eventually be fired (following whatever progressive discipline you outline). I think that will go a long way in convincing him. And if you don't…
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I would require a return to work note. It must say "return to work with no restrictions." I would tell him that if he cannot return to work with no restrictions he must tell you exactly what his restrictions are. You should provide him or his phy…
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If the EE is certified by the >doctor as not able to return, the only thing you >have to worry about is counting down the 12-week >clock and informing the EE of said countdown. That is not true. If he is a qualified disabled person yo…
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It is NOT allowed under FMLA.
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I guess by now you know this has been answered thoroughly on the "other" site.
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Nope.
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How do you know all this "stuff"? Yes mental conditions may qualify for FMLA. And this could qualify. Why is the employee still employed after missing 24 days in six months (including 2 straight weeks) without FMLA protection?
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Forklift training requires a hands-on portion and a lecture portion. Anyone who operates a forklift must be trained BEFORE they drive it. They must also fill out a daily inspection sheet that verifies all the components are working properly. Ther…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-02-05 AT 08:19AM (CST)[/font][br][br]Did the doctor have a job description? If so, she's released to work and that's that. If not make sure the doc gets one and reviews and then gets you another not…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-24-05 AT 02:35PM (CST)[/font][br][br]You should call your claims person and your attorney. New York is the CA of the east when it comes to WC. I can't guarantee you are wrong, but I would never fire…
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It could. Does your handbook have the policy in it and did he sign a handbook acknowledgement? If so that can help you. Keep in mind that he can try to sue you even if your ducks are in a row. As smoll said if it is your policy to terminate and y…