awilliams
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Yes, you are right. Time working for you, even if through a temporary employer, counts towards the 12 month requirement. 29 C.F.R. 825.106(d). Anne Williams Attorney Editor M. Lee Smith Publishers, LLC
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I do not know whether the DOL will be addressing this issue, but it seems to me that the patient should sign a release authorizing the provider to give the information. Anne Williams Attorney Editor M. Lee Smith Publishers, LLC
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Stacy- You present a very good question. It appears you might be combining two specific FMLA tests: 1) whether you are a covered employer and 2) whether the specific employee is eligible for leave. Private employers are covered by the FMLA if t…
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We offer a wonderful product called "HR Quicklist" that has a checklist like you mentioned. It also has checklists for many, many different employment, HR, and benefits situations. Check it out at: [url]www.hrhero.com/hrquicklist.shtml[/url]. Good…
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Glad I could help. I applaud you for going beyond your job to give this woman some very helpful information. If you want some more confirmation, the regulations which deals with joint employer status under the FMLA is 29 CFR 825.106(d). If she will…
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You pose a few questions, let's break them down. First - we need to know when she became your employee for FMLA purposes. You called her a temp, does that mean she was only working for you on a temporary basis, or that she was working for a temporar…
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When I wrote the FMLA Special Report I intended to do a whole section on infertility and the FMLA. However, I was surprised to learn that there just isn't enough out there yet to fill up a whole section. I did find a terrific website, however, that…
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Here I am (a lawyer, that is). The qualifications for FMLA are that an employee work for the company for a full year (depending on you you calculate it, fiscal, calendar, or whatnot) and work at least 1,250 hours during that time. Rockie, your emplo…
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Under the FMLA you can choose how to calculate a 12 month period. Your choices are: 1) a calendar year, 2) any fixed 12 month period, 3) a forward-measured 12 month period, adn 4) a rolling 12 month period. 29 CFR 825.200(b)-(c). Our HR Executive S…
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Rockie, I am a bit confused by your question, so pehaps you could clarify it if this answer doesn't suit you. Under the FMLA, you are able to count exempt employee absences in less than full day increments without losing the exempt status. So, if an…
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You are correct. The FMLA has a tenure requirement - an employee must be employed by you for one full year and have worked at least 1250 hours in that year. Your employee does not qualifiy for FMLA leave. You should review any other policies you m…
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Santire, I applaud you for your well-thought out reply. This forum is a very good place to share information, insights, and experience. However, none of the opinions here can, or should, take the place of legal advice. On our website, we have a …
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Do you have a policy that says the FMLA leave will run concurrently with any paid leave, including maternity leave? That is the best place to start.
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No, FMLA does not cover parents-in-law. The only possible exception would be if the in-law stood in loco parentis to the employee when the employee was a child, but I doubt that is the situation. Texas may have a state law that grants leave to ca…
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I don't think so. If this is your first pregnancy-related leave, this may be the first time you've need to count intermittent leave. Plus, just because the person before you did things incorrectly does not mean you need to continue to err just for t…
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The state of being pregnant does not automatically qualify a woman for FMLA leave. She must have a serious health condition, either related or unrelated to the pregnancy, to qualify for FMLA leave for herself. Morning sickness, and other pregnancy-…
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Rockie, The FMLA regulations state that AN EMPLOYEE may take leave intermittently or on a reduced leave schedule after the birth of a child or placement of a child for adoption ONLY if the employer agrees. 29 CFR 825.203(b). The regs do not speci…
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Bryan, According to the FMLA regulations, paid vacation, personal or family leave may be substituted for all or part of any unpaid FMLA leave relating to birth or adoption of a child, or to care for a spouse, child or parent with a serious health c…
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That is a great question. I would need to know many more facts about your situation in order to answer the question, however. Do these employees appear on your payroll, or are they purely commission-only independent contractors? Do you pay them di…
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You pose a very good question that a lot of HR and benefits administrators grapple with, which is: can I designate FMLA without a medical certificate? The answer in a nutshell is: yes. You do not need a certificate to designate the leave as FMLA, b…
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I'll give you my standard laywer answer first: you should discuss the facts of your case with your employment counsel to make sure you are not overlooking anything. I can't give specific advice on this forum, plus I am not familiar with your state l…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-11-01 AT 02:38PM (CST) by jrobb (admin)[/font][p]Everyone has posted some very good advice here. I thought I would chime in my two cents since I did a lot of research while writing the MLSP Executive…
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Rockie- M.Lee Smith Publishers has just published a fantastic guide to the FMLA, entitled: FMLA Leave: A Walk Through the Legal Labyrinth. (And I'm not just calling it fantastic because I wrote it!). The report gives in-depth analysis of FMLA questi…
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DK- Using the second and third opinion process under the FMLA is a great way to make sure that your employees really are qualified for FMLA leave. However, this process is ONLY available at the onset of the employee's leave, not for subsequent recon…
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First of all, I commend your employer for offering such generous leave policies to new mothers. Your question has several parts and I will try to give you some information on all of them. 1) The federal FMLA allows but does not require employers t…
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I think you are correct to characterize this as a potential ADA and FMLA problem. I also think now is the time to get your employment counsel involved to make sure that your company handles things correctly and does not incur any liability under ei…
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Rockie- I do not want to stand in the shoes of your legal counsel, who can evaluate your situation with more expertise. I suggest you contact your counsel for a precise opinion. Having said that, my gut reaction is that you certainly should appris…
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Rockie- I am going to try and answer your question, but first let me rephrase it and make sure that I am responding to it correctly. You want to eliminate a RN position and replace it with a LPN position. The person who currently fills this positio…
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PORK, As a component of the Basic Pilot program, did you need to consent to a government audit of your records? It is my understanding that the audit component of the Basic Pilot program is what makes employers, and immigration attorneys, hesitant.…