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  • If ee was not a key ee, surgery would be covered under FMLA. However, if they are morbidly obese, they could be perceived as disabled under ADA. I know I complicated things. However, if you really want to keep the ee, you could protect their job. …
  • The answer depends on the depth of the coma. If the coma is not extremely deep, it is believe that familiar stimuli can be helpful. This would include touching and talking. You have to get additional information.
  • Therefore, she can get to the other location. The only issue is if the company covers the cost of the bus service or taxi service.
  • Is car service available?
  • FMLA does not protect the ee who does not call in. I would follow company policy on not calling in. The ees who have intermittent FMLA (whether it's from migraine headaches to asthma etc.,)should know that they must call in whenever they will be ab…
  • I am confused. Are they independent contractors or are they employees?
  • Remember, NJ also also it's own medical leave law.
  • Reality check - We currently have a flu spreading around the country of a strain that was not included in my flu shot. I have someone with the flu at work, I want them to go home. Furthermore, we are only talking about a few a days. Unless someon…
    in FLU? Comment by Whatever December 2003
  • Just to complicate the question..should a claim be filed with the disability carrier, the workers' comp. carrier or both?
    in Stress Comment by Whatever December 2003
  • Ex-spouses are not covered under FMLA. If you want to grant a unpaid leave of absence and/or allowing ee use her vacation time, you should follow company policy. If there is none or if this has never happened in the past, do you want to set a prece…
  • Here's the big question..Do you treat every other person (whether or not they are pregnant) the same way. If you normally allow employees to take vacation before using their FMLA, do it in this case. If you normally save a job for an employee beyo…
  • What is the law in Florida? In NY, only psychiatrists can prescribe certain medications.
  • I basically agree with you...but....no two situations are exactly the same. I have had ees whose teenage daughters breezed through the pregnancy, delivery and had no period of capacity. I have also had ees whose teenage daughters were very emotiona…
  • You don't say how old the teenager is. There is a vast difference between a 13 year old and a 19 year old. Furthermore, you don't state how long the ee needs off. If the doctor states she is needed to care for her daughter, there could be very vali…
  • Curiouser and Curiouser. I am always afraid of setting precedent. This still looks a child care situation. The nurse's statement (by the way she could be a nurse practitioner)doesn't seem to indicate that he is needed to care for his wife. His st…
  • [font size="1" color="#FF0000"]LAST EDITED ON 11-11-03 AT 03:14PM (CST)[/font][br][br]Good Grief, we're not only agreeing with Don but we're defending him. I think we all have moments of frustration. Certainly, we have all had to deal with people …
  • Yes, it's the woman thing. However, he doesn't say she gets cramps and is bitchy. He says she is exhausted and out of energy. I would be too if I had to care for three very young children. (as a cynical aside, was she tired and exhausted three day…
  • You have the right have the doctor answer the following question "If the condition is a chronic condition, state whether the patient is presently incapacitated and the likely duration of episodes of incapacity." You can also ask the employee what …
  • Sorry, can't resist but if she had the hysterectomy two years ago, there wouldn't be an 8 month old at home now. You need to update the paperwork. However, if she is not going to have the hysterectomy now, then when? Why the delay? (I have a feelin…
  • It is not unusual for a parent to name a backup in case the parent is unavailable when a medical decision has to be made concerning a minor child. The grandaughter does not fit into the definition of a child under FMLA. I would not qualify.
  • [font size="1" color="#FF0000"]LAST EDITED ON 11-05-03 AT 09:35AM (CST)[/font][p]You have a supervisor and a director in need of training. If an employee advises a supervisor that they have a medical problem ( especially one that turns out would ha…
  • On the few occasions when the doctor's office insisted on a charging a separate fee for each form completed, the ee has given us a copy of the statement to sent to the disability carrier and we have used it for medical certification. But you have t…
  • [font size="1" color="#FF0000"]LAST EDITED ON 10-28-03 AT 10:29AM (CST)[/font][p]Be warned-Under NJ Family leave act she is entitled to a leave over and above the Federal Family leave act to care for a new born. She'll probably end up with the 15 we…
  • Depends on what the doctors state. I would give her FMLA forms to be completed.
  • [font size="1" color="#FF0000"]LAST EDITED ON 09-09-03 AT 11:39AM (CST)[/font][p]You cannot create the rules after the ee has gone out on FMLA. If she is a key employee, why is she on FMLA? What previously have you used as the the 12 month period? …
  • I agree with you.
  • I agree with the above response. I would add, that if the parent is being taken care by a hospice they are close death. If the parent becomes critical, he is very close to death. I would give her the FMLA.
  • Why is the ee contacting you about her medical appointments? Did you make any arrangement with her prior to her going out? If so, what is it? Finally, does Georgia have any kind of medical leave act? If the answer to all the above is no, you have …
  • The kids lost their father. If the doctor says they need couselling and their mother has to take them to the sessions, it is covered by FMLA.
  • Which came first, enrolling for the Saturday classes or mandatory working overtime? I would talk to the employee and see if the class can be changed. However, if they enrolled for class believing that the employee would not be working that day and …