SMace
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I guess he did not fill out FMLA paperwork? That is one "i" I would like dotted before I termed. The problem I see is that he is also out on WC. He ran out of FMLA, yes, but don't forget about the WC law. Does your WC law allow you to terminate …
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I've never heard of someone getting terminally ill again. I think it is possible for someone to be terminally ill for more than one year. Maybe they take turns taking care of her and this is their alloted time. I don't know. I try to make sure I…
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That would not fly in NC. I can't imagine anywhere it would be legal. In NC , you can discipline an ee for performing an unsafe act, but you cannot deny WC. I would suggest calling your state Industrial Commission.
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Question and comment: Why over 5 days? The absence plus treatment section of a serious health condition is more than three days. Attending to an immediate family member has no "out a certain day" requirement that I'm aware of. It's either FML …
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Annual training on how to use FMLA? We post it where we need to and have it in the handbook. Does anyone else do this?
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Be careful using second hand knowledge. You can get burned very easily. I would focus on whether she completed the assignment and progress reports as required. I would not use the phrase "play the MS card." I don't think that will get you anywhe…
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My impression is that this would not even be covered under ADA, because of exactly what you said. It can be controlled by medication. As to the one month accomodation, I think that would play out better in front of a jury, because at least you tri…
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I would lean toward accomodating #1 and try to smooth it over with the other ee. I wouldn't tell them "tough". You could get #1 to help them move and even have the supervisor chip in. That may help. I do not think you should accomodate #2. I am…
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Use these links: [url]http://www.dol.gov/libraryforms/go-us-dol-form.asp?FormNumber=35[/url] [url]http://www.dol.gov/libraryforms/go-us-dol-form.asp?FormNumber=36[/url]
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You can never be too careful, unless you are so careful you can't get anything done. x:D
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Conversely, >it is also possible that the attorney will say >that the employee is precluded from any factory >position, which is where the ADA liability comes >in. I thought the Toyota case shot this down. Not being able to work…
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In some states they can self refer. I would contact my adjuster and see if that is the case. I would first try to figure out whether it was an honest mistake. Sounds like you don't have much contact with them. Maybe they weren't sure what to …
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The way I read your post was that you gave advice to Whatever to grant an employee intermittent leave for her mother in Europe based on a fraudulent FMLA certification. I still don't quite understand your rationale behind that.
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IMHO it is bad practice to rely on water cooler advice when examing potential FMLA liability for your company. Will the people around the water cooler be willing to testify in a deposition? I doubt it. Treating someone differently on intermittent…
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As usual (but not always) your gut instinct proved to be right. I am usually very reluctant to call the family. Too many unknowns. But in this situation the key for me is your first sentence. "Great record, 10 years, good producer...". In that …
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If you see my response in post #14, you'll see we agree more than you think. It is possible.
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Either one of your examples are not the "absence plus treatment" part of FMLA. For example one they should have checked box #4. For example #2 they should have checked box #6. In Safety's situation, they checked box 2 (a), which is absence plus t…
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Lorrie, you perfectly summed up this discussion. In the situation you describe, I would tell the ee that the certification would not qualify under absence plus treatment as the doctor has indicated. It may qualify under a different serious health …
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I think since it doesn't meet the day requirement, the prescription part is moot. It is an interesting question, though. Do they have to actually take the medication? I would think as long as they are precribed the medication, it doesn't matter. …
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It doesn't meet the absence plus treatment definition because the absence must be more than three days. It may meet some other definition, but not that one. I would advise that the FMLA is denied because it does not meet the requirements of absenc…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-24-05 AT 01:58PM (CST)[/font][br][br]Altering the attendance policy is certainly an accomodation, but in my opinion it is NOT a reasonable one. Please tell me what court ruled that altering your at…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-23-05 AT 01:33PM (CST)[/font][br][br]If she is out of FMLA and you haven't stretched the policy for others, you can deny her the leave. Even if she is disabled, she still has to follow your attendanc…
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Welcome to the forum "livin". I see it is your first post. We have quite a lively atmosphere, so hold on to your chitlins. Great answer. We look forward to hearing from you every now and again. BTW, you remind me of someone but I can't quite pl…
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Question 1- Yes Question 2- There is no hard and fast rule on what $ amount is undue hardship that I know of. IMHO, your total budget would have to be very small to say $280 is undue hardship. I would advise to pay for the interpreter.
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Of course he is doing FMLA to avoid points. We have a no fault attendence policy and ee's use FMLA to avoid points often. It doesn't mean they are abusing it, as long as they are correctly certified. You cannot require the extra notes. I hope yo…
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There are some situations where an employee can leave at will and there is nothing you can do about. Asthma flare ups for example. You don't schedule those and they do not have to seek medical treatment. They can go home and use their nebulizer t…
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It is my understanding that in FL, unless you settle with the understanding that your payout covers all future medical care, the claimant gets lifetime medical coverage. If I were you, I would call my comp carrier and get them involved in the dec…
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You should post this in the FMLA/ADA section or the employment law section. It will get more traffic. It's a stretch. I'm not sure which major life activity it would severely limit. I'm not sure I want to know. Anyway, even if it was ADA covere…