Theresa Gegen TX
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Generally No. But you need to make sure that the decision that she is unable to do the job is factually based. I have seen cases where an employer says the employee can't do the job, but the job has changed because of technology or the job descrip…
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You need to give him the FMLA medical certification form (I believe it is available on the DOL website). He has 15 days to return it. Good Luck.
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I think that the employee should get a written reprimand. It is her responsibilty to keep the company updated on her status. She did not do so, she decided instead to violate company policy and not return to work or keep the company updated on her…
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One thing you can always do is ask the EEOC for early mediation (before they investigate). If you think the company might want to offer this employee some money to go away or offer her a job back, it might be worth it. Good Luck!
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A recent Texas case involving a nurse held that moving her to the night shift was not an equivalant position under the FMLA. The safest thing to do would be to put her back on days. Good Luck
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You may need to find a plaintiff's attorney who specializes in employment law in you state who you can talk to face to face about the situation. That attorney could provide you guidance about the types of issues you should discuss with your employe…
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Make sure you check the regs on second opinions. I believe that if the company gets one and its different than the first, a third, tie breaker, opinion may be required. Good Luck!!
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If the employee can get a doctor or medical care provider to certify her, she can qualify for FMLA, just like anyone else. This would require the medical care provider to certify that the EMPLOYEE needs the time off to take care of herself. This c…
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Also, note that the FMLA regulations require that you let the employee know fairly quickly (I believe it might be within 3 days of the request), whether or not she is eligible and why. I would review the regs, then inform the employee about her ine…
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I saw a presentation on the FMLA given by a member of the DOL. The DOL took the position that a person on FMLA may be allowed to work an alternate job while on leave, if for example, the FMLA leave was to take care of a sick child and the alternate…
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In a word, "yes." In your scenario, there is no good reason why an employer would give a pregnant employee more than FMLA leave if she has worked at the company less than one year, and only FMLA leave is she has worked there a year. Sooner or late…
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I would always get the accused's side of the story -- even if you think he or she will "just deny it." You would be surprized at how many times that isn't the case -- and the person actually admits the misconduct while giving an explanation. (Some…
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You are pretty much right.
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Are you sure you want to give him the FMLA. It seems that under the federal law, he would not qualify (he has not worked 1250 hrs in the last 12 months), and the new US Supreme Court case says that an employer can retroactively designate the FMLA l…
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Generally, the employee has a right to return to the job they left, as if they had never left. So if the whole department is laid off, and that employee, if he wasn't on FMLA would have been laid off, he can be laid off rather than brought back. I…
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I would keep the information as confidential as possible. The employee has a right to privacy, and the only person who appears to have a need to know the details is you. The supervisor has no reason to know the details. The owner (your boss), I a…
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The FMLA requires the employer to continue benefits just like the employee was still at work. So if the employer normally pays 100% of the cost of health benefits, the employer must continue to pay that 100% for the 12 weeks of FMLA leave. If yo…
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Here is a better way to do it: Some one requests FMLA leave. If it is expected, they should give you 30 days' notice of the need, and be able to get the form back before they go on leave. If it is not expected, they can go on leave before the for…
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Here is an idea to use in the future. Conditionally designate the leave as FMLA and tell the employee that he must get his paperwork in within the 15 days or the leave will be considered as absent without leave and he will be terminated. Then ma…
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If this employee has threatened to sue, I suggest you hire legal counsel to help you answer these questions. You can get lots of good information from this forum, but for the very specific fact situation that you have indicated, paying an attorney …
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[font size="1" color="#FF0000"]LAST EDITED ON 01-31-02 AT 10:34AM (CST)[/font][p]It seems to me that she is out on FMLA and you need to let her know in advance the date that her FMLA will run out and that if she is unable to return to work at that t…
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I suggest, sinc you can expect this employee to believe that he was fired because of FMLA and sue, that you get with an employment lawyer to review the evidence supporting your decision to terminate. I have dealt with many employers who thought the…
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However, depending on what the medical condition is, the employee may have more job protection under the ADA. Some court's have said it is a reasonable accomodation for an employer to extend medical leave under the ADA. So if you think she might b…
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Unless she is a key employee as defined by the regulations (which means she makes lots of money compared to other employees-- and has other limitations like prior notice-- it doesn't have anything to do with key job duties) if she returns before her…
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In my opinion, she would definately qualify for the placement of the child (just like if she had adopted the child). As for the prenatal checks, I am skeptical. But you will really have to check the regs on this one (I'd be suprized if they addres…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-13-01 AT 08:53PM (CST)[/font][p]Also, if the attorneys are partners, they are actually owners of the business, and the staff is not, so there may be a valid reason for granting the owners more leave. …
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There are several cases that I have recently looked at that said an employee on FMLA could be terminated. These cases involved an employee who was on the road to termination (had been displined numerous times), then messed up one more time, then we…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-16-01 AT 01:25PM (CST)[/font][p]Thanks James, even after dealing with the FMLA for years, that is one I never had to look up. Then the medical question becomes whether this pregnancy falls into the c…
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FMLA could give the mother (grandmother) the right to care for her daughter, if the condition is certified by a health care professional and the mother is needed to take care of her. I would give the mother the certification form and see if she get…
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This issue really deals with your company policy. Your company can always be more generous on leave than the FMLA. If other employees were allowed to take additional leave (over and above the 12 weeks) and your policy allows for it, then she shoul…