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[font size="1" color="#FF0000"]LAST EDITED ON 03-02-06 AT 04:02PM (CST)[/font][br][br]>I do not understand you concerns for the treatment and qualifications through FMLA? The injury is not so serious as to have made the employee miss work; it's…
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If the EE receives only first aid (no professional medical treatment), we consider it minor incident (formerly known as a "near miss")and don't test. If the EE requests or seeks treatment by a medical professional, we send them to our work comp doc…
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I believe the DoL form (employer's response to employee request for family or medical leave) states "if required, you must furnish certification by ___ (must be at least 15 days after you are notified of this requirement), ..." I think you can allow…
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You make a good point, Linda. I'm going to have to sit down with the employee anyway and have him sort out all his absences since the initial arrest. Then we can break down anytime he was gone "for his son" into "court/law time" and "medical time.…
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I thought new interpretations of ADA applied the accommodation requirements when an employee has a disabled child. Maybe I'm just confused. I'm thinking of a court case where an employer was ordered to accommodate an alternate work schedule for an…
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>How do you know all this "stuff"? Employee freaked out upon receiving the write up and came to me and just started talking. >Why is the employee still employed after missing >24 days in six months (including 2 straight >weeks) witho…
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Actually, I approved FML for the employee. She will be the primary care giver for the relative during what's hoped to be a short recovery. We require employees to burn accrued leave in conjunction with FMLA, so she'll hurry back to work when Mom i…
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I know what you mean - just got back a form certifying an employee was to have revisionary hip replacement surgery and the patient won't be able to work for an undetermined amount of time. Guess who is getting surgery - the employee's 80 year old m…
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"Chronic condition requiring treatment" goes on to state "by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider." Getting treatment from the neuropsychologist may not, in the physician'…
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Intensive treatments for rheumatoid arthritis (for example) can last for two or three months. It can involve supervised or unsupervised stretching/toning exercises 3-5 times a day, heat/cold therapy (which may need to be done at a facility instead …
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>In order to be covered under work comp the >injury has to have happened as a condition of >their employment. As I am learning thru our >carrier that tripping over ones own feet does >not meet this definition (at least here in &…
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I'd request he get a second opinion from a doctor of his choosing or send him to a doctor of the company's choosing (on company time) and pick up the bill, and send along the job description for a fitness-for-duty exam. If the second doc concurs wi…
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>Well then you probably don't have time to attend depositions, answer interrogatories or sit on a >stand explaining how your supervisor came up with medical restrictions, a return to duty >schedule and a diagnosis of when someone is fakin…
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Then are we to take the physician's word which is based solely on observation of and feedback from the employee? Must we allow our employment procedures to be dictated by a manipulative employee? Who gets hurt worse in the long run when an employe…
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I haven't received an email from you that I can locate. Resend?
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We allow injured/ill employees to set their return to work schedule with their supervisor. Therefore, it is incumbent upon the supervisor to track the situation if they want a full staff. However, if I notice an injured employee is back at work an…
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I do agree the requests look like hunting for special favors, but I wouldn't say they're unreasonable, depending on the company, industry, and practice. In that light, I wouldn't even look at what the employer has done to keep the employees working…
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I don't think CTS would be a big issue if the work comp administrators (insurers and state departments) would allow chirpractors to treat the condition. I basically type and file for a living, and I've had numb fingers and paralysis and pain and sw…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-24-05 AT 01:32PM (CST)[/font][br][br]Missouri is in the middle of trying to approve some significant revisions to our work comp statutes, including: "Occupational diseases and injuries due to repetiti…
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We are going the second opinion route with our "company" doctor. Also found out that the meds that make him sleepy don't directly treat his medical condition, it treats a side effect, or a completely separate condition. Supervisor states this ee h…
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I think this situation is where the 12-months backwards rolling count of FMLA-protected absences would really be effective. I mean, really - high blood pressure doesn't just come on to the extreme where the ee'd have to miss work in the future beca…
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Like Don D says, it all depends on what's in the contract (or policy). We're supposed to require employees to use all PTO during absences, but in this instance (STD) we don't. If one of my employees runs out of paid sick leave while out on FMLA-pr…
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Not sure how this applies in other states, but I'll tell you what we do. We typically require employees to use all paid leave before going into an unpaid leave status. This applies for most types of absence, whether vacation, sick, disability, FML…
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That's the justification I was looking for -"because the federal government says so." I knew that there had to be a reason that we're required to provided personal protective equipment - I just couldn't find the proper phrasing to sway the APTeam t…
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I apologize for not being more specific - the Purchasing Agent is the vice-chairperson of the Accident Prevention Team. She gets a say in what expenditures are necessary to maintain or improve employee safety specifically because she has daily cont…
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So the category of the paid time off benefit does not interfere with the implementation of FMLA rights, correct? Meaning, it doesn't matter to FMLA regulators whether the employee was paid or not, so it follows that if the employee did get paid, th…
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Don, that's one of the things about this situation that's getting me - I know *I've* been "got" because of my lack of experience, but the supervisor has over 15 years experience with this stuff. And he keeps looking to me for guidance! I keep tell…
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You are correct in assuming that the snow shoveling was voluntary and no one specifically told him to do it, though the supervisor **expected** this EE to know better... Our w/c provider is pretty liberal in deciding what is work related and what i…
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I did a broad-range search for FMLA forms just last week and came upon a PDF from the U.S. Department of Labor (OMB No. 1215-0181 exp 7/31/04) that states "This optional use form may be used to satisfy mandatory employer requirements to provide empl…