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  • Thanks for your reply MWILD. Our FML policy states applicable leave must be exhausted concurrent with FML. I will request that 2nd opinion if it should come to that. Unfortunately we have such large sick leave banks (up to 6 mos) our employees …
  • Did the employee provide a certificate of healthcare provider? Does it need to be updated. If neither of those is an option. I would call him in and tell him what was reported to you. That you want to accommodate his FMLA needs but you need coo…
    in FMLA abuse? Comment by WO September 2006
  • This county government also runs WC and FMLA concurrently. Any FMLA eligible event is required as FMLA and run concurrent with any applicable leave.
    in W/C and FMLA Comment by WO July 2006
  • You ask typical FMLA clarifying questions. 1. Our policy states the employee is required to report FMLA eligible events and our supervisors are required to report them to me. Neither happens on a dependable basis, I do the best I can in educati…
  • My .02, Not FMLA eligible, may approve vacation or personal leave. Even in sick leave generous WA state it would not qualify unless Grandma was "in loco parentis". Heaven forbid FMLA ever becomes eligible for the birth of a grandchild. I woul…
  • We require that all eligible sick and vacation leave be exhausted concurrently with FMLA. I highly recommend that within your FMLA policy. I constantly have employees wanting to use FMLA only so as to save weeks of vacation later or the reverse wa…
  • Livindonsouth, you mention "time working as a temp also counts if the ee then becomes a regular employee. Not sure what that's all about." I recently implemented FMLA for a young employee whose wife had just given birth. He was newly hired into a…
  • HRinFL, My fax is 509 773 5139, thanks so much.
  • HRinFL, Would you mind sending me a copy of your form? It may help me with my timely implementation problems. Thanks [email]loriw@co.klickitat.wa.us[/email]
  • Sorry for my delay in responding; I have been out with the nasty flu. Thank you all for your responses. Specifically SMACE for the cite defining intermittent leave. After discussion with the employee he has elected to take his leave immediately…
  • Don, I spent several months in the Carolinas and quickly grew to appreciate the term vs. my northwest term "you guys".
  • JMCAA, Help me out. Why wouldn't this be intermittent leave? I really dont have a problem with it only in the policy compliance arena. We do not allow intermittent leave for new mothers who would like to prolong their leave for non-medical …
  • You are correct that time off to care/bond with a newborn is eligible for the first 12 months. And the statute also allows that only medically necessary leave be intermittent. So I am leaning toward requiring that he take his FMLA for birth of chi…
  • This public employer has made many small accommodations. One significant accommodation ended in discharge and took four years to complete. The employer was finally successful in "summary judgement". The case involved an employee who insisted on rece…
  • Thanks for your quick response. My intent with the release was to provide documentation of the employer's attempt to engage in dialogue and gain information. The employee's agreement or refusal would also be valuable documentation. I have physica…
  • You would count any hours missed in their scheduled work week, to include holidays and all of the first 3 days.
  • One overnight stay in the hospital triggers FMLA to include any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care. ( Form WH-380 from DOL)
  • Excellent information thanks so much. Her FMLA started 11/12/03, so she is burning it but has also been on medically necessary intermittent leave which will allow more time. No precedent with the lengthy notice. The "intent to return to work" i…
  • MushroomHR, Our employees are paid for holidays only if they are on paid (vac, sick leave) on the days prior to and after the holiday. Therefore as FMLA runs concurrently it is possible they are paid for the holiday during their FMLA leave. But w…
  • I dont disagree that the brain surgery is definitely serious and may result in long term disability. Just that on less severe issues like an employee wanting to visit and care for an adult child who has just given birth. The new mother may have te…
  • Greetings All, I read the forum weekly but have not responded in some time. I struggle with this one often, not the brain surgery, the FMLA for a grown child. The regs say: under 18 or over 18 incapable of self care due to a mental or physical di…
  • I'm sorry I disagree here. I have had the same situation where FMLA was denied as not eligible due to the adult child not being disabled per the regulations, however the employee was allowed to take sick leave under our personnel rules. The emplo…
  • I, too, would like to feel comfortable on this question. I need to change our policy and know I want to use the rolling look back but am not completely comfortable. Thanks.
  • See RCW 49.78.005. Admin and enforcement to cease while Federal FMLA provides the same or more, except as in subsection (2). I have struggled with this question also as a public employer in WA State. My understanding is that the WA Family leave i…
  • I have the same problem here in that I dont know the absence has occurred until later. I was concerned about the inconsistency and did a few things that helped: Educated the payroll clerks to watch for absences of 3 days. They then call me and …
  • We are also a public entity. Our FMLA policy specifically states that FML will run concurrently with applicable paid leave. FMLA leave is designated in writing provisionally by the HR dept until the medical certification states that it is not FMLA…
  • I agree with all the responses. One note of caution, if the employee is using sick leave for the absence be sure it is eligible under your policy. Not every instance of FMLA would indicate 12 weeks of sick leave eligibility.
  • Technically, you could have placed him on FMLA as soon as you had notice of his "serious health condition" (dependent upon your policy), so I would immediately place him on FMLA now. The FMLA allows you to track and reduce the hours of a FLSA exempt…
    in FMLA - salaried Comment by WO April 2001
  • The US Dept of Labor WH-380 form lists the 6 conditions eligible for FMLA, from Hospital Care to multiple treatments of non-chronic conditions. It is a form I give to all employees on FMLA for completion by their health care provider.
    in FMLA Confusion Comment by WO April 2001
  • Hello All, Sorry to be away so long. We use a rolling 12 month period. This problem is rearing its head again. Yes, I can show a pattern of leave accrued and quickly utilized, also a Monday, Thursday pattern. We are now careful to ask the reas…