Whatever

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  • I think I am envious. But before I do, please clarify one thing-if the injury happened as a condition of employment but the employee was negligent and the company was not, would the ee still collect unemployment in Iowa? Thanx.
  • Turn this into the insurance company and let them determine what is or is not disability time. Just make sure the ins. company knows that the ee was paid for a pre-approved vacation. As a general rule, I believe that all claims (even questionable o…
  • Do you have security cameras? We once caught an employee who could barely walk in the building (needed a cane, groaned a lot etc) walking very briskly thru the parking lot.
  • [font size="1" color="#FF0000"]LAST EDITED ON 07-08-05 AT 08:32AM (CST)[/font][br][br]Exactly what conversation will you be having? So far, all you seem to have are the statements of another employee (who may or may not have an ulterior motive). I…
  • We have two policies that be helpful to you. 1. ALL employees who are absent from work for three days or more due to a medical condition must bring in medical certification that they are fit for duty. 2. Our policy requires that anyone who is out …
  • There is nothing special under law but.... Do you have a written policy on disability leave? If so, enforce it. If not, what have you done in the past for people who are out due to medical problems?
  • [font size="1" color="#FF0000"]LAST EDITED ON 06-24-05 AT 02:15PM (CST)[/font][br][br]Why should anyone get double payment? In NY, there are rules when there is question about who has liability. (Besides, the ee would have submitted claim to STD sta…
    in FMLA Comment by Whatever June 2005
  • You should, also, contact the disability carrier and the health insurance carrier and advise them that the ee is now claiming that it is WC.
    in FMLA Comment by Whatever June 2005
  • As an aside, do you have a policy re reporting accidents immediately to the employer?
  • If this ee had come to me to discuss the situation, there would have been no problem. We have in the past granted FMLA to ees with parents in other countries (knowing that the physicians statement would be completed when the ee arrived in the other …
  • That's possible. But, what if I decide a second medical opinion is necessary. How do I get the patient examined by a doctor who is authorized by the state?
  • Thanx, everyone. We have decided terminate. The fact is the ee lied on her application and knowingly submitted a false doctor's statement. Furthermore, in the past when an ee has a problem because the parent is in a different country, they have h…
  • You tell an employee, I presume in writing, that they are entitled to FMLA and her position etc. will be protected. You should not change the rules at this point (i.e. saying she is a key ee). The lawyers just love things like that.
  • It is obvious that this ex-ee is not willing to take responsibility for their actions. And, you have no responsibility for their actions (or lack of actions). You did your job. Your did it well. Leave it at that.
  • Is this ee taking medicine for the high blood pressure. If so, and it is working, than she shouldn't need a FMLA. As for the asthma, no one can predict when an attack will occur.
  • I'm wondering if it is reasonable to ask the doctor how he knows the ee will need treatment several months for now.
  • Do you have any rules about no show/not calling? If so, enforce them.
  • We have many cases where the doctor is in no rush to complete the paperwork. In those cases, and in this one, I would give the benefit of the doubt and approve.
  • Thanx. I just wanted to be sure.
  • Now, I'm confused. Is this ee still being denied by wc carrier? If he was not tested, no matter what happened several days later, you can't just assume that someone was intoxicated at the time of the accident (or can you?).
  • Would holding the job open be considered a reasonable accomodation under ADA?
  • If you have to ask the question of whether or not an injury is workers' comp. then you should file a claim with the wc carrier. It is their job to make the determination not you.
  • This a business decision. FMLA sets minimum standards. There is nothing to prevent any company from being more generous as long as they are consistent.
  • Company's only responsibility is to file any and all possible wc claims with the wc carrier.
  • I am reading in your post that you would have held the position under w/c. I would follow our policy which treats leaves for w/c and std the same.
  • Actually, they want the same 12 weeks. If they wanted different 12 weeks, it would make a little more sense.
  • Submit the claim to the workers' comp. carrier. If the insurance carrier needs additional information, it is their responsibility to get it. Under our policy, a nurse (from the ins. co) contacts the ee and doctors directly (and keeps us up to date o…
  • Do you have a rule about ee calling in when they will be absent. If so, you should apply it. The employer should not be calling the employee, the employee should be calling the employer.
  • Have both of them complete FMLA forms. Then, based on what the doctors write, make a determination.
  • [font size="1" color="#FF0000"]LAST EDITED ON 01-08-04 AT 10:04AM (CST)[/font][br][br]The contract with the union at our NJ plant requires only that we pay for the day of the accident. Therefore, we do not pay for any addtional days. If an ee wants…