awilliams
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[font size="1" color="#FF0000"]LAST EDITED ON 06-25-02 AT 01:30PM (CST) by jrobb (admin)[/font][p]I posed this question to a member of the advisory board of the [link:www.hrhero.com/bcla.shtml|Benefits and Compensation Law Alert], who replied: It c…
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I think a wellness program is a great idea! In fact, I covered wellness progams in depth in our HR Executive Special Report: The H in OSHA Stands for Health. If you are a law center member you can access this report on this website. In addition, ch…
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I don't think that you can change your amount mid-year, but I will look into it and let you know what I find out. That is a very good question!
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It appears to me that you are not going to find you answer in any law or regulation, rather you must look to your policy itself. Does your policy specify that the 90 days are calendar days, or days worked? If the policy is ambiguous, you know what …
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KenB- I have a reply for you! This reply was provided by John Hickman, Esq., a member of the advisory board of editors of one of our in-hjouse newsletters, Benefits and Compensation Law Alert. BCLA is a monthly newsletter that offers helpful info…
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Keep in mind that as an employer you always have the option to certify an employee for FMLA leave without the doctor's certification. Check out the Special Report on FMLA - it has a section on that. I would go ahead and certify her as FMLA. At the …
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It's probably time to start disciplinary action agains the supervisor for violating company policies. That way, if the employee sues, you will have some defense because you responded appropriately to the supervisor's actions. Anne Williams Attorn…
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I'm currently 8 months pregnant with my third child, and just got over a terrible flu, so I may be uniquely qualified to answer this question! Let's take it step by step: 1) Morning sickness. Morning sickness itself is covered by the FMLA and the e…
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Duly noted. xclap Anne Williams Attorney Editor M. Lee Smith Publishers, LLC
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I basically agree with you Don. My point was that you should not always assume that you have to accommodate - sometimes the person flat out is no longer qualified for the position. Anne Williams Attorney Editor M. Lee Smith Publishers, LLC
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When evaluating ADA claims, remember that first and foremost the worker must be qualified to perform the major functions of the job with or without a reasonable accommodation. A person who can no longer do repetitive motions, which is the major func…
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I am not aware of the ADA covering anyone other than the employee. The FMLA might apply if 1) she meets the requirements, which you state she doesn't, AND 2) the child is under the age of 18 or is unable to live on her own. What part of the FMLA req…
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I'd like to hear more about your light duty policy. It sounds very interesting. Can you elaborate a little bit? Anne Williams Attorney Editor M. Lee Smith Publishers, LLC
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Scott Ruth is affiliated with M. Lee Smith Publishers, the providers of this site - hence the HR shield after his name. He is a member of the editorial boards of our two benefits newsletters, Benefits and Compensation Law Alert and Benefits and Comp…
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CJK7: Your posts asks two questions: 1) what is an undue hardship when evaluating whether to give an employee an accommodation, and 2) can you take seniority of other employees into account when deciding to give an accommodation? In evaluating wh…
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[font size="1" color="#FF0000"]LAST EDITED ON 07-11-01 AT 06:30PM (CST) by jrobb (admin)[/font][p]I think you are absolutely right to analyze her request for time off to attend her radiation treatments as a request for a reasonable accommodation und…
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Thank you for all your input. You have all certainly given me much to think about. I appreciate it! Anne Williams Attorney Editor
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Dear T, When in doubt, consult the experts. Ask that each employee simbit a form filled out by their health care provider that identifies exactly what they can - and cannot do. You also have the right to send the employee to your expert for an opi…
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Thank you for your question. This is a somewhat complicated issue. The United States Supreme Court has ruled in Kimel v. Florida Board of Regents, that states have sovereign immunity against suits in federal court under the ADA. In a narrow 5-4 de…
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Yes, mental illnesses such as depression or bi-polar disorder, are covered by the ADA. This means you have an obligation to go through the interactive process and see whether you can come up with a reasonable accommodation for the employee. Remembe…
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I second that! Hatchetman, Don D, and many others make the Forum such a wonderful place to receive excellent information. Way to go! xclap Anne Williams Attorney Editor M. Lee Smith Publishers, LLC
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This may be a good case for you to exercise your right to send him to a doctor of your choice for a second opinion. You will pick up the bill, but it might help you get some parameters for his approved illness-related absences. Make sure that you in…
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Yes. I suggest that you "conditionally designate" the leave as FMLA until you receive all of the medical forms back from the doctor. That will start the FMLA clock ticking. Anne Williams Attorney Editor M. Lee Smith Publishers, LLC
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Dear HRCalico- A good place to start is with our two Special Reports on FMLA. As a subscriber you can dowload them for free from this website. Go to: [url]http://www.hrhero.com/special_reports/index.shtml[/url] and click on FMLA and FMLA, ADA &…
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I just wanted to note that Julie1, who posted above, works with the editors of the New Jersey Employment Law Letter, and posted the answer on behalf of attorney Greg Parliman. We hope this answers your question! Anne Williams Attorney Editor M. Lee…
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This might take the thread in a different direction, but I am interested in hearing more from you - and others- about the FMLA abuse you mentioned. I'm currently researching for an unpcoming Special Report on managing absenteeism and am very interes…
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If you have the medical certification, you can certainly rely on that to substantiate a serious health condition to approve FMLA leave. The definition of serious health conditions includes those that incapacitate an individual for 3 or more days and…
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Just a reminder: the FMLA sets out the legal minimum that an employer must provide - but employers are always free to go above and beyond the requirements of FMLA and voluntarily provide leave. Keep in mind, however, that if a similar situation come…
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We publish a wonderful guide to figuring out FMLA requirements. It has footnotes which guide you to the specific regulation at issue. It is aptly titled: FMLA Leave: A Walk Through the Legal Labyrinth. If you subscribe to your state's Employment Law…
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I suffer from chronic migraine headaches, so my sympathy goes out to this person. It is very difficult to do a job while dealing with this disability. And we are talking about a disability, so the ADA is involved here as well. Have you approached …