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If they are permanent employees, why are they being treated differently than other permanent employees?
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Agree with Whirlwind. What you are missing is that you have to talk to the ee, let him know about the letter etc. etc.
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Sorry miswrote- I meant to say it doesn't qualify.
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It does qualify for FMLA. What you can do, if he isn't creative, is tell him that when he is ready to return to work that he can apply for a job. If the company is thinking about granting an unpaid leave (even though he is not entitled to FMLA), b…
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If you have a company policy you should be following it. If you are treating everyone equally, there is no basis for suit (which still wouldn't stop some lawyer somewhere possibly). The only question is if they have asked for an accomodation to be …
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Stating one has a disorder or health problem does not necessarily mean that one has a disability that needs an accomodation. However, for arguments sake, let's say an ee as an accomodation gets a break in order to take a nap. In that case, they sti…
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I would give a written warning stating that the next time he falls asleep on the job he will be terminated immediately. As an aside, I would never give a verbal warning for disrespectful conduct/insubordination. It is always written. And, if it is…
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Several questions 1. In relation to falling asleep on the job - did the ee tell the supervisor before or after the incident about the sleep apnea? 2. Did the ee ever ask for an accomodation for the sleep apnea? 3. Did the ee ever fall asleep on the …
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I should add-if a college or jr. college offers a course in HR law you should take it (especially if you can get your er to pay for it).
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I don't know why, but it seems to me that FMLA has been inflated to the point that people forget there are numerous other laws that rule our lives. Swynia - I would urge you to get a few books on hr and law (especially those that get updated yearly-…
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Follow your normal policy if someone is a no call/no show (if that policy includes sending FMLA papers, send them--if not, don't). It is never never easy terminating a long time employee, however, you sometimes you have no choice.
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Counselling could fall under FMLA. The recommendation does not have to be from a doctor just an authorized health care provider as defined by the law (which is not a school nurse, but does include nurse practitioner). Give her the paperwork and see…
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Do you have a policy for people who are disabled? If so, follow it. If he is entitled to STD benefits send him the paperwork.
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What exactly is the misconduct? Do you have anything from the ee's doctor (if yes, what did he say)? Have you requested an examination by the a doctor of your choosing (if yes, what did he say)? Does the ee have a condition that is covered under any…
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What is your written policy? If you can test, test immediately. If positive, terminate. This is a safety issue(to others).
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don't ask..don't ask...don't ask. And, I'm also concerned that the supervisor is concerned about the notice for leave of absence the ee may not give after delivery (makes the supervisor's motive sound a little suspicious--sort of like an old fashion…
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First of all, do grant leaves to other ees whenever they become grandparents? If you do, then you should be consistent. If you don't, you must be consistent. Second, as the parent of two adopted children, I can assure you that at the time of th…
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>, now she is a salary (key >person), Just because a person is salaried, it does not mean they are a key person under FMLA (and if they truly were a key person under FMLA they would not be entitled to the leave). Also, since her job is …
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You need to consult an attorney. We terminate all employees after they have been out for 26 consecutive weeks. And, that has been written policy for many, many years. However, you have given no indication of what company policy is or has been. I…
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No. However, I do require a copy of the birth certificate.
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Obesity is determined by BMI. A BMI of 25-29.9 is overweight. A BMI of over 30 is obese. BMI is calculated as weight x height (inches) squared divided by 704.5.
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Is this employee seriously overweight (obese)? If so, does the employee have any other medical condition that exists because of the obesity?
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If he is a key employee did you advise him when FMLA was granted whether or not his employment might not be restored?
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Based on this information, I would follow-up in 30 days and get recertification. Once the information is received, you can send ee for a second medical opinion. As an aside, I listen when Supervisor's tell me an ee may be less than honest, I also …
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Why do you now want to get another opinion? Has something changed since you granted the FMLA? Why is this ee out and how long?
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I'm always curious when a doctor knows a month in advance that an ee will need to take time off for chronic conditions. At this point, take the form completed by the local doctor. However, you need consider getting a second opinion (basically, becau…
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Do you have an attendance policy? If so, follow it. If not, write one. And, if you do not have a policy, follow Don's advice.
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Let's take this discussion one step further. In order to need a heart transplant, someone has to be very sick. The number of people needing heart transplants far outnumbers the people who will eventually get a heart transplant. Most, but not all p…
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He didn't do his job and he lied in his paperwork. Once you are terminated for cause, it is a little late to raise ADA. You should not single mental conditions post offer because, if a person is taking their meds and do there job, there is no is…
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Sorry- I miswrote-I didn't mean unemployment, I meant workers' comp.