SMace
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This is what you said: The problem is if you accomodate an employee that has been released to full duty, that employee is "perceived" to have a disability, and then you are on the hook for disability. IMHO, someone unaware of ADA laws would read t…
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There is nothing to correct. You have your opinion and your wealth of experience and knowledge to back it up. That's great. In an assembly line or work cell environment, I'm sure it works great. Our process is nearly all automated from raw mater…
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You are wrong. An accomodation does not automatically regard a person as disabled. Anyway I'm talking about two ee's helping each other out when they need it. I'm not talking about a supervisor requiring one ee to lift all the boxes for another. …
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The only time I consider it to be harsh is when I get called names. > >It simply takes engineering staff and lean >managers too long coming up with standards to >allow production workers to make those >independent decisions. I am…
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EE's can help each other lift a box. Just as long as it isn't removed from their responsibilities. Helping each other out is what makes the world go round.
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If the information on the form certifies that they qualify for the leave, then they qualify for the leave. If you want a 2nd opinion you can get it, but you cannot dictate which doc. It's been a while since I read the regs, but I believe you both …
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Have you been successful doing that?
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Whatever is right. It's up to your WC carrier and if it is disputed it will be up to the Industrial Commission. It is my understanding that in IL it does not matter if the condition was pre-existing. If it is worsened at work, it's yours. The IC…
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OSHA.gov
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You can start with this: The California Paid Family Leave Law provides any individual who is unable to work due to the need to care for a seriously ill child, spouse, parent, or domestic partner or for the birth, adoption, or foster care placement …
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I attached a copy of a summary of the regs that I found on the other post you replied to. What I read is that it only applies to state ee's. Maybe Mwild will chime in, I'm sure she knows.
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Here is a summary of the law. Looks pretty darn close to the summary of the PDA that I read. Pregnancy Leave Washington law regarding pregnancy and childbirth leave, located at Wash. Admin. Code § 162.30.020, applies only to state employees. Un…
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Such maturity from a seasoned HR professional. I'm impressed. If you can't respond to the facts move on to the Har-Har section.
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I'm not sure where the Food and Drug Administration fits in this. She stated that WA has a state law that provides pregnancy disability protections. That is exactly what the PDA does and it is a federal law that covers all states. I read her po…
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Yes there is a federal equivalent. It's called the Pregnancy Discrimination Act of 1978. It was an amendment to Title VII.
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Don't factor the pregnancy into your decisions. If she does not comply with established company policy (attendance, FMLA, etc.) discipline as necessary. If you have made exceptions for others in the past, it would be wise to make the exceptions fo…
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I disagree jmcaa. This is wording taken from an opinion letter from the Wage and Hour Division regarding the definition of intermittent leave. It says: The FMLA's implementing regulations at 29 CFR Part 825.203 and 825.800, copy enclosed, define …
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You sound on the right track to me. You may deny intermittent requests for child bonding. If you've stuck to your policy, he will need to take all his time when the child is born. I guess if he did not take any time off at the birth, he could tak…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-07-05 AT 12:07PM (CST)[/font][br][br]Even if they are not qualified disabled, they are going to argue that you regarded them as disabled. Then they are covered under ADA and you didn't hire them. U…
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My concerns regarding this have nothing to do with WC law, but w/ADA. Not only do you have to worry about a true disability, but you have to worry about the perception of a disability. I suggest you talk to your attorney before you go down that r…
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Here's what I use. It says nothing about overnight stay. The Employee’s Serious Health Condition According to the statute, the term serious health condition means an illness, injury, impairment, or physical or mental condition that involves one…
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I would cover the time noted on the FMLA cert. Inpatient care qualifies.
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The note refernced the previous FMLA and gave info on future appts. I'm going to accept it. Thanks for your time.
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A lot depends on WI WC law, but the way I see it, you are stuck with the injury and most likely stuck with a permanent partial disability rating. The most thorough way to deal with this is to perform a post offer functional capacity exam. They are…
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Welcome to the forum. I'll take a stab. Here are my answers: 1. If it can't be corrected, I would say yes. 2. It depends on the size of your organization. You would have to be teeny, tiny to say an extra $600 is not reasonable. Now if you ha…
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If I had a policy that stated FMLA will run concurrent with sick leave, I would give them the paperwork and tell them to get it filled out. If they refused I think you can do this: 1. Document on your paperwork that FMLA forms were given, they re…
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You can apply their absences towards your attendence policy. Make sure you haven't allowed others to slide past the 15 days, though. With our attendence policy it is in their best interest to get FMLA and if they don't they dig themselves a hole. …
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The ee is responsible for requesting FMLA. They just don't have to say, "I want FMLA." They can tell you they are in the hospital or they need time off to adopt a child. It's the employer job to figure out whether their info constitutes a request…
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FMLA allows you to give them 15 days to return it. If they don't you may either delay or deny their request. And you are right, you have to be consistent with this.
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You're jumping the gun. You can't make a decision until you have the paperwork in front of you. If you do, you are making an uninformed decision.