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  • Unless it is a really unusual circumstance, the group insurance company will not cover an in-patient tonsillectomy. Since insurance companies are "urging' (I use that term very loosely), that more and more procedures be done on an out-patient basis…
  • If in they have worked for a year and worked for 1250 hours, they are eligible.
    in FMLA Comment by Whatever July 2003
  • It may feel like adoption to the employee, but it isn't by definition. As to bonding, he could have done that during his visitations. This is not a FMLA qualified.
  • It is done by HR. First of all, some managers have a poor track record on paperwork. Two, I have taken courses to learn about this law and others. I, egotistically, believe that HR is best qualified to make the decision on who is entitled and who …
  • I'm not too sure. Sympathy shouldn't play a part in the decision. FMLA doesn't require a diagnosis. However, is "complicated grief syndrome" a legitimatly recognized medical term? Will she require further treatment to get over her grief by psychol…
  • However, the ee who is denied the extra leave might PERCEIVE that they are not being treated equally. Furthermore, when precedents are set, the result is usually known by all and not the thinking that went into it.
  • The combined 12 weeks period is for "bonding". It does not apply for seriously ill child. We had a similar circumstance and the father got the full FMLA leave. It should be remembered that FMLA sets a minimum standard. The company can always be m…
  • I assume you got FMLA documentation from a doctor. However, the issue really is a flagrant disregard for basic company rules. Since she has been warned about leaving without notifying her supervisor and/or not clocking out, the time has come for a …
  • Any employee who is out for more than 3 days must produce a fitness for duty certificate. On the very rare occasion when the ee doesn't bring in a note, we advise them that they will not be allowed to work without medical clearance. We do not tell…
  • Yes, they lied. However, even in this day and age, there are people who are "uncomfortable" being around those with Aids and/or their caregivers. I would try to be as understanding and supportive as possible.
  • The wording of the initial thread let me to conclude that he was requesting time off for a honeymoon without the baby. No baby, no bonding, no FMLA.
  • I'm assuming the child has been born. However, I know of no state law that covers honeymoons. At our company, a request such as this would be in writing which would make it easy to reject.
  • Foster Children are covered.
  • I could be wrong, but sounds like the attorneys denying leave are males.
  • I would qualify it.
  • I believe that the hardest part of FMLA is being consistent. When I stretch the intent of the act, it is because there are so many grey areas. Both the good news and bad news of it is that is not very well written and no two people's circumstances a…
  • What does your company policy state? FMLA gives 12 weeks for accident(s) or Illness(es)within a 52 week period. This is the minimum. Many companies are more generous. If states 12 weeks within a one year period than that is all the ee is entitled …
  • we have always kept a separate file for medical information. When an employee is approved for a FMLA leave, the payroll department is notified in writing that the leave has been granted and the period approved. No other information is given to pay…
  • I believe some kind of guardianship papers must drawn usually so that the guardian can make decisions re medical care, schooling etc. Although, I really hate to set precedence, I would probably treat this as a special case. It just seems like the r…
  • While it is not required that at the time of occurence, the patient visit the doctor, but how can you get certification without some physician involvement. There are many disorders in which a patient can be home and not see the doctor and still be …
  • Asthma is not one of those disorders where the date of treatment can be predicted. Also, asthma attacks can be of different severities (is this a word?). The attacks can range from just doing inhalation therapy at home to rushing to the hospital em…
  • When was the last time you got certification from a doctor? Do you have proof that she had the approved medical treatment? I am assuming that they have a covered condition. Have you considered getting a second opinion from your doctor. Does she ev…
  • Had a similar circumstance. The employee had an intermittent leave. In this particular case,the child was attending a school for children with emotional problems. Monthly meetings with the teacher, school psychologist and the private therapist tog…
  • I believe you are correct. However, a company can always have a policy that is more lenient than FMLA's 1 year and 1250 hrs. I would check to see what company policy is.
  • [font size="1" color="#FF0000"]LAST EDITED ON 01-16-03 AT 08:12AM (CST)[/font][p]Have any criteria been written to determine the standard that will be used in determine who will be terminated? If not, that should be the first step.
  • Never had a problem like this with our union. However, our contract states that the grievance has to be filed within 5 days of the event etc. Do you have a similar clause in your contract.
  • Our written policy treats all ees the same. If you want to treat salaried ees differently, then it should be part of a written policy. The policy is always to do things as uniformly as possible.
  • He pled to 4 counts of misdemeanor-I'm no lawyer, but it seems to me that when people plead, they are usually saying they are guilty of a lesser crime than the one the committed so they can get a smaller sentence. The problem is that that sentence …
  • You can put an ad in the local papers (NY Times, Daily News)(if your office is in one the outer boroughs-there are community papers and rates are much more reasonable). However, I agree with the suggestion to use an employment agency. You can eith…
  • Follow your attendance rules.