Theresa Gegen TX
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One Caveat: the Americans with Disabilities act is independant of the FMLA. Even if the employee cannot qualify for FMLA leave, he may be eligble for an ADA accomodation. However, Court routinely hold that attendance is an essential function of a …
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You probably will have to give her the full 12 weeks. First issue: A company can have a policy that requires employees to use company sick leave and FMLA leave at the same time (but I suspect you don't have that policy because of your question). …
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On additional thing you may want to verify: What is the company policy, and how has the company handled medical leaves in the past. If the company has let others take more than FMLA for medical conditions (extra weeks, etc), it may have to allow th…
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There are several cases where employers were found to have violated the ADA because they fired the employee after the fmla leave was exhausted, but did not consider whether some additional leave would be a reasonable accomodation under the ADA. I…
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Assuming that she exhausts her FMLA leave (and that any additional leave available under your company policies is exhaused), and is not yet able to return to work, whether you can fill or eliminate her position depends on her medical status. Under …
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Can you specify what you mean by FMLA "exclusions" -- I am not sure that I follow your question. Thanks
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I would call her immediately to let her know that she is not eligible and that tshe must report to work. She may be relying on the information that she got about eligibility in her last phone call. Terminating her without giving her notice of he…
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IF the employee does not certify as FMLA leave because he does not return the paperwork, he can be noted as being absent without leave and can be disciplined for his absense (up to and including termination). (This assumes that your company policy s…
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Your scenario poses an interesting FMLA question. Here is how I would analyze it: Do the employees who travel have a "home base"; from your facts, it seems as if they are at one location for 2-3 months, but where do they call home? If they gener…
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One thing you have to be sure of is that your state does not have a more generous leave law than FMLA. Also, make sure that you are counting temps correctly. Any time you put out a policy, then discipline employees for following it, you are going …
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There is a good article linked in an FMLA response below about counting FMLA retroactively. Generally, it is best to count the time the person worked as a temp as adding to the 12 months and 1250 hours. If you hired them directly as a temp, but th…
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AS long as the health care provider certifies the need for leave, she is entitled to 12 weeks a year. It is not 12 weeks per reason. Good Luck!
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Remember that the employee must work a minimum number of hours in the past 12 months to be eligible. So this employee may not be eligible for FMLA now. I would check the regulations on the Department of Labor Website, dol.gov Good Luck!
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That's one of the funniest things I have ever heard. I'm glad I live in Texas. By the way, don't forget that under FMLA you employee could be entitled to 12 weeks, rather than 8. Good Luck.
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Thanks Doug! That's great information. I learn something new everytime I come to this message board.
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He may be eligible for intermittant FMLA leave. You need to check that out. I would be cautious about reducing his pay for a few hours missed. Since you are not paying him hourly, a few hours missed should not matter. Also, you probably don't deduct…
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I am not exactly sure what you are trying to accomplish. If the employee has not worked 1250 hours, then he or she is not entitled to FMLA. So her or she could not use up any FMLA. Of course, you can always give more leave than the employee is entit…
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I like a letter (as do most attorneys). The letter can be written positively -- it does not need to sound like a bunch of mumbo jumbo or "CYA"ing. Having a letter (even as a follow up after a conversation), avoids a common problem in lawsuits -- di…
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It is not a bad idea to contact the doctor directly, but many states require the patient to agree to release the information. So, Unless you can get the employee to agree in writing, the doctor probably will not talk to you. One option you can use…
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You will need to look at your general medical leave policies (as the last writer stated). You want to make sure that you treat all employees consistantly. so if your company policy gives more than 12 weeks, she could be entitled to it. Finally, yo…
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That form is most likely available at the Department of Labor's website: [url]www.dol.gov[/url] Good Luck
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Also, don't forget that an employee may get FMLA for a chronic recurring condition (intermittant leave). So if all the recurring absenses are due to a medical condition you may want to get the employee to fill out the FMLA paperwork, so her job will…
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She has given enough notice for you to respond with FMLA. I would give her the certification form and make her use up her FMLA provided that her doctor certifies her for intermittant leave. Unfortunately, if her doctor certifies her, the company wil…
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An employer designates FMLA leave, not the employee. How is the employee refusing? If the employee is coming to work, that's ok. If the employee is not coming and is calling in sick, the employee can be disciplined for her absenses. However, I wo…
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Additionally, you need to check and see whether your state has a FMLA law. Often times states will enact laws similar to the federal law, but with greater requirements for the employers.
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There is no reason to prohibit you from asking employees not to communicate with him while at work. Especially, if they are using company equipment to do so. However, there is nothing you can do about after work communication. Whatever you do, do…
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First, for the employee to go to the EEOC, there must be some unlawful discrimination occuring. The EEOC will ask the employee what type of discrimination has occurred (sex, race, age, etc). I don't see anything about that in you question, so I do…
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Anyone who says "yes" will surely do so based on prescription drugs they are taking (which they think might interfere with the test). In that case, you will have gotten medical information that you don't really need and that you cannot use to refuse…
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I am a firm believer in that old adage "I always tell the truth,that way I don't have as much to remember." If you didn't hire her because of her interview -- that she complained about a previous supervisor and talked about unprofessional (person…
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discipline is the best way to address this since you have to pay for all hours worked. Believe me, once an employee or two gets fired for timecard violations, most other employees will quit violating the rules.