VS
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Pregnancy does not fall under ADA. However, if another illness arises out of being pregnant, then that could change your approach. The employee is not solely responsible for notifying the employer of the need for FMLA. The employee only has to pu…
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Thanks for all of the replies. Learning more everyday.
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We had an employee who requested FMLA to care for her adult daughter who was to give birth. We tried to deny under the Reg. that states that a child must be under 18. Didn't work. The child must be under 18 UNLESS he/she is incapable of self-care…
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Do you offer a Medical LOA? Once our employees uses up FMLA, they can have an additional 14 weeks of Med LOA,without pay. Does this employee have STD or LTD? Those appear to be your only options. Otherwise, I see your situation falling under you…
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Thanks, I will check it out!
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I would love to have that info as well. I did alot of searching through various sites, etc. and could not find any data regarding FMLA usage. We have 5500 employees and all of our Leaves of Absence combined are at 10-11%, with the majority being F…
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Agree completely with Whatever. Just deal with performance, the rest of the situation will fall into place as time progresses.
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Agree with Linda. Definitely not FMLA. If you cannot allow this employee time off during this busy period, then I would be careful with any exceptions, since you may have to make more down the road. Otherwise,Linda pointed out good alternatives. …
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Popeye, We don't inform the employee in our communications packet that we have the right to recertify. We just follow the regs and apply as needed. Do we actually have to communicate that piece up front? Thanks!
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I am not sure what is behind the "kinship" award, but I would think that this could qualify under the "in loco parentis" category. This would certainly provide you a stronger defense for your decision, versus making one that is "the right thing to …
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Agree with Pork. I administer the same way. We have many sites who do not meet the distance or number of employees requirement. However, we offer FML to all. In the end, it's easier to be consistent. The hard part is managing the FML once you a…
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We have a similar situation and the doctor stated that the employee could not be alone. Now we do not know if he cannot be alone in the building or alone period. So we are awaiting even further clarification. Just wanted to make you aware of how …
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If the employee has missed more than 3 consecutive days of work, I would just send out the FMLLA paperwork. I agree, the doctors just fill them out. Everything to them is a serious health condition! I'm finding that the doctors are getting quite s…
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As an employer, you do not have to change your policies for someone on FMLA. Therefore, you can follow your policy on how you would respond to the positive drug tests. However, just make sure your "random" selection process is solid or you could be…
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>Hi All, >First time on board for me! Been reading the >past postings and I am impressed with the >thought processes for determining solutions to >problems. I hope to enjoy meeting fellow HR >professionals and learn new t…
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Hi Popeye, Thanks for your response! You make it too easy!! I think we were making it too difficult. Will take a closer look and see what we come up with. Thanks again, VS
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I have also become disillusioned with SHRM. I find that they work real hard to prove HR is a Science, which in the real sense of the word, is far from it. SHRM is taking topics within the HR/work world and making majorissues out of them. I think …
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We have many Muslims working all over the country at our locations. Every single one has asked for the prayer accommodation and we have had to comply. We obtained confirmation from their religious leader as to the "requirement". We were always to…
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Great advice from all above. We had an employee viewing child porn on company time/computer. It was detected via our software we use to monitor employees' internet sites that they visit. I do not know if the local police were called or if the FBI…
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I would also make sure that your personnel files are secured. At this point, you do not know how this "person" was able to locate other family members of your employee. If the perp is also an employee, does he have the capability to access files o…
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You are right, you do not have to keep copies of the I-9 identification provided. We keep copies. We have found it to be helpful when questions arise. We hire a large population of foreign nationals and we always have issues. We did a SS# check/…
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We get six Holidays and the 4th is one of them. Any time taken before or after is vacation.
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Yes, the employer can term. The only "issue" the employer can have is that when word gets around regarding what happened, in the future, other employees who leave may not want to give two weeks notice. The employer then has to deal with scrambling…
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And there's the key! The man/woman at the top has to CARE! In my career, I have only worked for one company that does care. So you keep pushing, knowing it won't change. However, you can't give up for the employee. They are the victims. Our cu…
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I've been through many different scenarios with this, as I am sure we all have! It's a problem that will never go away. Where I currently work, the evaluator does not receive his/her increase until the reviews are done. It doesn't solve the probl…
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Thanks for your quick response! You helped me once before when I had a question or two. I was in the same situation as you are a few years back...One AAP, 200 employees, etc. I really enjoyed it. Now I have 65 Plans, 5000 employees and still just …
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If I recall correctly, doesn't this new process require verification of electronic signatures??? How do you achieve that? I know that this part of the step precludes me from testing this process and could be a major project to set this up in my co…
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Livindon South, Thanks for your response. That's how I deal with FMLA, so it's nice to have confirmation of the interpretation. "I Can See Clearly Now, the Fog is Gone"!!!
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Pork, Thanks for your clarification as well. Your explanation defines my approach. My interpretation was just too literal and I could not see the trees for the forest!
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The Regs state that voluntary or cosmetic treatments not considered medically necessary are excluded from the difinition of a Serious Health Condition, UNLESS inpatient hospital care is required OR complications develop...... So I interpret this co…