SMace
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Give him the FMLA papers. If a doctor certifies that the father needs the son to care for him physically or emotionally it should be covered. Once you have the certification, then you can make your decision to grant it. You can always ask for a s…
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I would contact your attorney on this one. I have a feeling this may be decided in court. You could call your local DOL or write a letter to them for an opinion. I personally say, no form, no FMLA. That is only if you have followed that policy t…
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Re-read Linda's post. She said I cannot. I found this in the regs (I didn't see what you were referring to anywhere. You seem to be substituting your opinion as law): "Subject to section 103, an eligible employee shall be entitled to a total o…
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You say you cannot count the time as FMLA before the federal requirements allow. I say you can. Show me something in the FMLA regs or a DOL opinion that agrees with you and I'll change my tune. Otherwise I will not.
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They get 12 weeks per year, however you define a year. They could get 24 weeks if you grant them 12 weeks unpaid leave and they could get it sooner.
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I will say your attorney is speculating on the outcome. But that is what they get paid for. I say the regs do not say that you cannot designate leave before the year and hours requirement is met. If you follow the DOL guidelines for certification…
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I disagree. If you have them fill out certification and designate it as FML it's FML. You can apply less stringent guidelines than allowed by law.
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Another flip of the coin is if you give them unpaid leave before they are eligible for FML, once they reach eligibility they can get 12 more weeks. If you are going to approve leaves of absence before the one year eligibility often, I will argue th…
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Wht would you not count it as FML and give job protection? Job protection is the main difference between unpaid leave and FML. If you are going to give job protection, I think you would be better of designating it as FML so they don't get an addit…
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I was referring to the absence plus treatment rule which does stipulate more than three days. Inpatient hospital stays and chronic conditions do not fall under that rule. But, you are correct, it could be 3.5 days or 3.1 days, BUT NOT 3 DAYS! Tha…
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I look at the length of absence first, then I look if it was a hospitalization or it could be a chronic condition. If they say they are sick and are out 3 days, I move on. If they say they are sick and are out 4 days, I give them FML papers( if el…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-26-04 AT 10:51AM (CST)[/font][br][br]IT'S NOT THREE DAYS, IT'S MORE THAN 3 DAYS. Whew, I feel better now. x0:)
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It's MORE than three consecutive days.
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Ask your local plant to get more details before you release anything. Is she an employee with no history of problems? That is a loaded statment to give an attorney. Sounds like she has had an accident and she is suing someone else for lost wages.…
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I would have asked why. I would rather know what is going on than be blindsided. It could also possibly call her bluff. There are different schools of thought absent state or federal law. One is when someone says attorney, you immediately zip yo…
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See post below regarding FMLA for minor child.
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In my opinion, FMLA does not exempt an ee from following your policy of calling in. If they do not follow your attendance policy, discipline them as you would anyone else.
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She can work as long as she wants to. Your caps lock is stuck. x:D
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I see. I don't care if the physician works for you or not, I would second guess him/her. If he/she complains, explain to them why they are shooting you in the foot. That should shut them up.
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Huh? Is your employee seeing a physician of the clinic she works for?
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Based on her first post it sounds like once an ee's contract ends they are laid off. If that is the case their job assignment seems very relevant to me. I wouldn't think that FMLA would require you to be re-assigned to a position that is not exist…
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The first question you and your attorney need to answer is if they are contractors or employees. Be very careful if you classify them as contractors. You must follow the letter of the law. Good luck and let us know how you are going to handle it.
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It sounds like these contractors are employees. Since they work under a finite contract it would be logical to conclude that they would not have to be re-instated to a non-existant contract. They would have to be re-instated if a new contract is s…
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Excellent idea Marc. Linda you have found your new second opinion doctor. I might even consider flying some of my ee's to Wisconsin just to see him. x:D
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Agree with other poster. Just wanted to make the comment about the second ee. You are quite lucky you have a physician in your area with a sense of ethics in regards to FMLA. I bet that physician had some problems of their own with someone abusin…
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We use 480 hours per rolling twelve weeks. That is 40*12. We take hours away based on missing scheduled work days for FML. If they are scheduled for 12 hours we take that amount. If they are scheduled for 8 hours we take that amount.
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It's not 3 or more days. It's more than 3 days.
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How would knowing she has cancer would enable him to run the department better?
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Agree with others. Ask your boss WHY the supervisor needs to know. Sure the information is important to the employees individual health, but why is it important to the supervisor?
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Sounds like we may have a future Supreme Court scenario brewing.