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I would send a letter of warning to the ee that he must contact you and that the certification papers must be in your hands by XX date. If he does not comply, his absences will not be covered by FMLA and he will be subject to the company's attendanc…
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I would give her the medical certification papers and tell her that you are tentatively designating her most recent absences to FMLA pending verification from her doctor. Since this seems to be an ongoing condition and your designation is tentative,…
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Start the FMLA as of 8/23 (2 weeks is a stretch to retro). Explain to the supervisor, that this the price you pay for not keeping HR in the loop. Yes, chiropractors are certified healthcare providers.
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We do not change the anniversary date either. *!*!*!Knock on wood!*!*!*!* All of my FMLA's have been pretty cut and dry. They go out and come back in 12 weeks or they don't and are terminated.
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My guess is that your real decision is if you/your company wants to be the test case to clarify the definitions mentioned in the previous posts. If I had reason to believe that the employee is being truthful to me about the relationship with the gr…
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I would designate Monday as FMLA because she has documentation of the hospital emercency room the night before. I think she gave you enough information to count the day as FMLA. It's one more day off the calendar. Some of the usual pot stirrers see…
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When an ee has exhausted his FMLA, I would verify that he doesn't have a disability that needs to be accomodated with additional unpaid leave. The majority of our FMLA's have returned in 12 weeks. Only a few were terminated because their doctor sai…
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I would send a final approval letter confirming the start date of his FMLA. The date of the appproval letter should reflect a current date. Since you sent a tentative letter of approval pending receipt of medical documentation, to follow up the a r…
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I don't know if I have an accurate answer for you, but this is what I would do in your circumstances. If the EE is using intermittent FMLA calculate the hours; otherwise 12 weeks is 12 weeks. My tracking consists of a spreadsheet, not very efficie…
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DOL Form WH-381 "Employer Response to Employee Request for Family or Medical Leave" DOL Form WH-380 "Certification of Health Care Provider" WH Publication 1420 " Your Rights under the Family and Medical Leave Act of 1993"
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My FMLA policy reads like this--- "Contact Human Resources immediately when you learn that you must be absent for one of the reasons listed above. Your FMLA leave will begin effective on your first day of absence, even if you have not completed you…
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Compassion is a double edged sword. Legally, you have met your obligation to her on Feb 3. Unless you have granted similar extended leaves to others, I wouldn't start with her. She should be able to visit great grandma and return by Feb 3. Send a le…
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I would grant it if she met the qualifications of 1 year & 1250 hours. UNLESS, she works at a location more than 75 miles away.
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Sorry to hear that your company is struggling. I agree with DonD. If you have already started the layoff decision process and her position is being considered (with timely documentation), continue forward with it. Pregnacy and FMLA will not protect…
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To determine if weekly adjustments by a chiropractor qualifies for FMLA, give the ee a "Certification of Health Care Provider". Your reason for getting certification is to protect your company from possibly making an employment decision based on abs…
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Even if you could not find a way to justify FMLA, I think you would want to allow the time away from work. It's the RIGHT thing to do [u]and[/u] you would do it for anyone else in your organization with the same circumstances. My company certainly …
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I think you need to determine if the serious illness has become a disability (a medical condition that significantly impairs one or more major life activities). You need to do this [u]before[/u] you make a decision to terminate. Also, is she out of…
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Rockie, I am definitely not an expert, but I think you are correct that FMLA allows you to dock the pay of an exempt employee while they are using FML; especially since you designated it at intermittent leave. Because your policy says that exempts w…
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"Can I require additional fmla paperwork for the block time for the surgery?" What I would suggest is a fitness for duty when she returns from surgery. You can request recertification of a serious medical condition. "Do we convert the salaried em…
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[u]Some[/u] would say that you have been notified of the need for FML. Give him the necessary medical certification paperwork (with 15 days to return). Your next action will depend on his ability to get a doctor to certify that he has a serious medi…
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The federal statute certainly grants the employer the right to designate W/C time away from work as FML. Surely SC has a W/C office you could call. Most attorneys will answer a question like this without charging an arm/leg!
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I think you can retro back to at least the date you sent your request for medical certification. You should send notification that FML was granted based on the knowledge available to you and include another medical certification request with 15-day …
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[font size="1" color="#FF0000"]LAST EDITED ON 06-28-02 AT 09:53AM (CST)[/font][p]Has she worked 1250 hours since July, 2001? Probably not, so FMLA would not apply. To qualify for FMLA the employee must have worked 1250 hours in the previous 12 mon…
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I think you are talking about 2 separate laws that may or may not run concurrent. So, because they are separate, FMLA could come into play again if she meets the qualifications (time worked & year of service) for a FMLA event and how you track F…
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Would you do the same for an employee who had heart surgery? Just because she is pregnant doesn't mean that she gets treated any differently from any other employee in a similar situation.
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DOL has 2 forms WH-381 is the request form and WH-381 is the medical certification form. The only thing I think they miss is employer identification and employer contact information. I think that this website has a link to the forms from the membe…
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I think the intent of the notification is to be sure the employee is fully aware that "X" hours or days have been credited to her FML. Since you already have a completed request for FML intermittent leave and certification, I think you only need to…
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Seems that was mentioned on this forum once -- state law -- in the northeast. Try a search using small necessities.
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Makes sense to me, but does it make sense to a judge or jury?? How else could it be broken down?
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I downloaded the DOL form WH-381 (Request for Family/Medical Leave) and form WH380 (Certification of Health Care Provider) for the DOL website. On the request for leave it states that if requested, medical certification must be furnished in 15 days…