Theresa Gegen TX
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The FMLA regulations have procedures to challenge a doctor's certification. If the company wants to challenge it, it needs to follow the procedures for a 2nd and 3rd opinion in the regulation (also, the company will have to pick up the costs). Goo…
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First, check you state FMLA laws (if your state has one -- Texas doesn't but some do). Second, what you need to do is treat her like any other employee, regardless of her pregancy. If there is an available position for her on day, give it to her.…
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The 2 day rule that I know about says that if an employee asks about whether he or she is eligible for FMLA, the employer has 2 days (a reasonable time, which the DOL thinks is 2 days) to report back to the employee. Under this rule, eligibility re…
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I think LindaS is right -- if the managers are going to meet with the other employees before the lay off, they need to meet with those on FMLA. I would not be too concerned about calling them and giving them the opportunity to meet. If the employe…
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If they are exempt and you have them working any hours, you may have to pay them for an entire week. The FMLA does provide some sort of exception for intermittant leave, but since this person is not on intermittant leave, you may be out of luck on …
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I think the issue is payday law. If she is working, she must be paid. The employer that is allowing her to continue working has to pay her. The employer can tell her that she is not allowed to continue working on leave. Then her supervisor (or wh…
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Connel v. Hallmark Cards, Inc., 2002 WL 1461969, United States District Court, Kansas (June 19, 2002). This is probably the case you are talking about. It involves an employee who "camped out" at a fair. If you are a subscriber to your state's …
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I would not add it to the policy. Moonlighting while on FMLA could be acceptable in some situations -- imagine this: Employee works days and needs off to take care of sick child under FMLA. Spouse works days and can take care of child on weekend. …
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You are right. Almost every business that exists is involved in interstate commerce. Especially once it gets up to 50 employees. If the business buys products that are produced in another state and shipped to that state, the business is covered. …
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I believe in giving a last chance before pulling the termination triggar. Perhaps the employee does not understand why she needs to turn in the paperwork. In writing, I would tell the employee that if she does not return the FMLA paperwork pronto,…
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I am assuming that surrogate mother means that she is physically caring the child of another couple (has had a fertilized egg implanted).
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Again, I think there will be very little legal authority on what the exact status of of surrogate mother is. It may be that she is not the biological parent for custody matters and responsiblity issue. But it is a biological fact that she is carry…
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Chances are there is no controlling legal authority on this issue. I would err on the side of caution and offer her the full 12 weeks. She may not take it, especially if it is unpaid. But you can't go wrong by giving her the full 12 weeks. Good …
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If the employee was on FMLA and would be terminated if he was not on FMLA (for example, his entire department is laid off), the employee can be terminated. BUT, you say he is being terminated because his medical bills will be to high. Guess what? …
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I would meet with the employee, tell her that you tried to contact her numerous times (by mail and other ways) while she was on leave to get her FMLA certification. Then I would give her the FMLA certification and give her 15 days to return, and te…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-20-02 AT 08:36AM (CST)[/font][p]One thing you might want to check is whether this employee is exempt from FMLA as a "key employee." Generally only high ranking executives are exempt (the key employee…
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You may run into a problem when some other employee exhausts leave and is not kept on. The other employee could say, you didn't do it for me because I am "_____" (older, different sex, black, etc). Also, are you going to keep this person's job ope…
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There must be a minimum number of employees (50) within a 75 mile radius. So if your 40 employee locations are within 75 miles of each other or of the corp HQ, they must be offered FMLA.
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In this situation, the termination could violate the FMLA or the ADA. The FMLA is handled by the department of labor and they may be able to give the employee help. The ADA is handled by the EEOC or an equivalent state agency, which can give infor…
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On the side of the employee with psychiatric problems, having her spouse home during the holidays may very well be causing them to flare up!!
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I believe that you should ask the employee to have his attorney provide some legal authority for his request (make him do the work). I would tell the employee that you have checked the regs and talked to the DOL and have come to the conclusion that…
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Please, do not play doctor. The employee should be given the paperwork to get an FMLA certification from her doctor. If her doctor certifies the condition, and the company thinks it is bogus, then the company can get a second and third (tie breake…
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I am sure that the employee considers this a demotion. (I know how I would feel if I had someone lower than me in charge of my work). Even if pay does not change, the employee may be able to make a case under the FMLA. (It requires the same or equiv…
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You know I hate to give Don a hard time, BUT don't presume that just because one person with hypertension is perfectly capable of working, another person with hypertension isn't capable of working. Before the employee provides the updated certifica…
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You need to look at your company policy. The company SHOULD inform the person that they have a right to FMLA. If they want to take less than the 12 weeks, (let's say they just want 2 weeks vacation -- let's face it, most people cannot afford to ta…
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FMLA does not require termination after 12 weeks. The employer can give (and many do) much more leave. However, you need to make sure that you treat all employee consistantly. If you decide to give this employee more than 12 weeks, you are settin…
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Probably Aetna is refusing to pay any charges for filling out the forms. That would not be surprising!
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If she is covered by FMLA (worked for atleast a year and 1250 hrs before leave, and employer has more than 50 employees in a 75 mile radius), she is correct. You should also check your state laws, to see if they provide for additiona, pregancy leav…
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The problem with treating employees inconsitantly is that one employee can claim that the reason you treated me differently is because of my race, age, gender, (You name the protected category). If you have a good solid business reason for giving …
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I guess it might also depend on how serious this child's down syndrome is. If the child needs special medical care (rather than just day care) to function, then perhaps it would be covered. Good Luck!