SMace

About

Username
SMace
Joined
Visits
0
Last Active
Roles
Guest, Member

Comments

  • I'm not an ADA expert, I'll defer to Hatchetman, but it sounds to me you are right on the money.
  • Have you talked to him about this, or are you just going to walk up to his machine and cart him off to the doctor? Talk to him about it. I would not talk about emphasema at all. Maybe there is a simple solution to help him get from A to B without…
  • HRQ hit the nail on the head. My daughter has a peanut allergy. It is not severe, yet.. The schools we are involved with already have banned peanuts so it's not any issue. I would say it is and ADA issue, it deals with the major life function of…
  • So each TA picks up their own students, right? Do they not cross paths? Depending on the travel patterns you could argue that one bus picking up everyone would actually be cheaper. Do they all have their own bus? If you cut down on the number of…
    in ADA Concern Comment by SMace August 2004
  • [font size="1" color="#FF0000"]LAST EDITED ON 08-10-04 AT 11:21AM (CST)[/font][br][br]There was something wrong, she didn't follow the attendance policy. ADA would not have required you to change your attendance policy as a reasonable accomodation…
  • I think staying ahead of the game is getting you in trouble. Forget the "disability". Do what you have to for your defendable business reasons. When you present the job restructure, deal with the reasonable accommodation stuff then. If you chang…
  • I agree with Marc and think it's time to get more info from her doctor. Regarding the SSI, my experience is that it takes a long time to get approved and they deny nearly everyone the first go-around. Once it gets to that point she should act as…
  • I agree with Don but would also add that you should get some info to give her about the proper way to sit, hold your arms and hands when you type, etc. You could probably get the info for free from a local health care provider or do a google search…
  • Her 66 2/3% is tax free, so generally that works out to be close to 100% of there pay. You can figure out if that is the case by looking at her net pay. Also the 66 2/3% is of average GROSS wages. State law usually determines how you calculate th…
  • Now that I read it again, I think you read it correctly Sonny. I would leave that information gathering to the attorney. Why does your boss want it?
  • I don't see a grounds for a lawsuit for requesting WC records. WC records do not fall under HIPPA and you have every right to have them for your files. Your paying for the injury. Once you get them make sure the files remain confidential and only…
  • You can list chemical by manufacturer's name. It does not only have to be brand name. If you do that, manufacturer's name must be on the chemical label.
    in MSDS Comment by SMace September 2003
  • If you have MSDS online will you also have a chemical inventory? If not, I see a problem. Also, ee's must have free and easy access to chemical inventory and MSDS's at any time. If they can only get online Mon-Fri 8-5 that is a problem. By havin…
    in MSDS Comment by SMace July 2003
  • Generally speaking, items in the office such as cleaning supplies and white out do not need an MSDS if they are being used in the manner and quantity of what would normally be done in a household.
    in MSDS Comment by SMace July 2003
  • Your management does not understand that worker's comp claims cost them money? WHAT????????????????????
  • Generally it depends what state you are in. Check with your adjuster and request that they put that stipulation in the settlement offer.
  • > >Has anyone ever gone back to court to challenge >the settlement based upon the lifting of the >PERMANENT RESTRICTIONS? If I did I would contact my WC carrier. > >Has anyone ever challenged the doctor as to >lifting the …
  • I think your hands are tied. I would not do anything unless I had her resignation in writing. Obviously she is not going to give you that. Doing otherwise could cause you a multitude of problems, including FMLA retaliation. The good news is she …
  • We have reduced pay for our light duty, but WC benefits makes up the difference. Stephen
  • I've seen studies that show they do not help. I would encourage lifting training more than anything. If you just give them back belts and they don't know how to lift, they are useless.
    in Safety Belts Comment by SMace June 2003
  • Not necessarily. It depends on your state worker's comp law. Each state is different. I have been involved in situations where someone was walking through the plant and twisted their knee. It was not the result of a trip, slip or fall so it was …
  • Not the norm. Never heard of it. Can't figure the logic. Very bad idea. Are you counting the "self" leave as FMLA?
  • What if someone has a migraine and the go home to a dark room and take some meds? They don't have to go to the doctor. How can a doctor certify that they did that? I could point to the specific regs or interpretation of the regs but I don't hav…
  • Here is another option: 1. You could call him into your office and tell him you are going to get a second opinion on his FMLA cert. Then tell him why. Give him an opportunity to fess up. If not, send him to another doc (not company doc) and see…
  • Do you produce a product? If so you could try this. "Tom, you guys make widgets. To make a widget you go from point A-Z. You don't allow some guys to skip C,D and X, right? Everyone has to follow the same production rules to make widgets." "F…
  • I've got more questions than answers. But based on some assupmtions, you could deny the FMLA the prior week because he did not notify you of his FMLA request in a timely manner (federal law is 30 days if they "knew"). Per your policy charge him va…
  • Yes you can force her to use FMLA. If you don't you cannot force the "bad" employee to use his/her FMLA.
  • I answered on the Law section. This is a little more info and sounds as if he is covered under ADA.
  • It depends on how your STD is written. Our ee's are eligible for the full 13 weeks of STD if they become disabled while "employed". If they are terminated, they continue to draw STD if they stay disabled. Once an ee is terminated we would not con…
  • I was referring to jmcca calling Don, Dan. For some reason I found that humorous. I'm quite young and inexperienced, so sometimes I get a little silly. /:)