cappy
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[quote user="PHS09"]I have an employee who left work for a medical emergency. Later that day her husband calls and lets me know that she was having heart issues due to stress and she will need surgery.[/quote] [quote]I don't need the details of t…
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Yes, if you approach the situation correctly. Be careful not to say anything that will lead to an ADA-AA claim that you suspected that the EE has some sort of disability. Also you have to be careful not to ask or pursue the general health condition …
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Well I'll be. . . I thought of everything that "UI" could stand for and never landed on the most obvious. . embarrassing. [:$] Thanks for showing mercy on an old war horse.[Y]
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[quote user="TXHRGuy"] . . . the EE may still win a UI claim depending on why they were unable to comply with the schedule and your state's rules.[/quote] Ok TX, back up just a taste and get me on the same playing field (even if I am a little den…
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HI TX. This is not my best subject in employment law so I did not take a chance in giving my thought. I figured there was a lot more to the subject. But I did find what should be up to date information and posted it above. The complete analysis can …
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This is what I have found querying the BLR website. I hope it is helpful. If an employee is working two separate jobs at different rates for the same employer, overtime is owed if the employee works a combined total of more than 40 hours in a workwe…
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In the final analysis it would seem to me that the Virginia 4th Circuit Court of Appeals 2001 decision would stand even with the or especially with the regulation of the updated 2009 FLMA Sec 825.214 which is fully consistent with Sec. 825.400 Unle…
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Let me give you the basics of the cited case so that you may see if it fits your circumstances. "An employee was entitled to receive commissions she earned while on leave under the Family and Medical Leave Act (FMLA), the 4th U.S. Circuit Court of A…
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Yes. How your policy on commissions is spelled out will impact the pay however, ordinarily commissions already earned cannot be withheld. According to FMLA regulations, "any employer who violates [the FMLA] shall be liable to any eligible employee a…
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Found this interesting as well. This was September 2, 2009. The BLR White Papers reported this case: Unauthorized Breaks for Expressing Breast Milk at Center of Bias Case The Supreme Court of Ohio has upheld a lower court's decision to dismiss…
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[quote] . . .The second thing is that the regs are not the sole arbiter on this. Regulations are not actually primary/mandatory authority in the courts. They're secondary/persuasive authority, although the courts tend to give the regs and the re…
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TX I read the link. It provided some insightful information. I am on record in a couple of different places as being on board for being as accommodating to this issue as possible. In fact I can't find a reason not to. I know arguments can be made o…
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Oh. There was a discussion (http://community.blr.com/hr/forums/thread/8476.aspx). There were people on that thread that can refer you to a state law that governs expressing milk. They were helpful to me. I would not think expressing is an FML issue…
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[quote user="4429354"]Does time spent pumping, outside of regular scheduled break times, count against an employee's FML entitlement?[/quote] I may be out of the loop on your terminology, but could you explain what you mean by "pumping time"?
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There is always a concern over where to draw a line between a non-threatening comment and one that is made in anger. We have all made similar comments about some event in our lives. On the other hand we have people that just snap and then we look ba…
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[Y]
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FML has to begin at some point. No need to go into what protections it offers whenever or for what ever reason that there is a qualifying event at some point. My point is that under certain circumstances FMLA allows three full consecutive days of in…
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I think I have confused some about the five days I posted. I really appreciate the concern but let me see if I can be a little clearer. I am not referring to the FMLA requirement of notices being given within the five days of being notified or disc…
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[quote]Absence for the treatment of an injury or illness that "could" lead to incapacitation in excess of 3 days were the person not to receive care, and the person does receive a regimen of continuing care also qualifies (see 6(2) in Heather's post…
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I would not handle either as FML. Even with the prescription neither met the three day threshold. FML has the time qualifier so that every small absence would not become a worrisome factor. There has to be an illness plus the time factor for FML. …
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The first thought I had was it would be a great gesture if you paid his deductible. Then I thought better of it. That would open a door that you may not want opened. His claim is that the site was "unsecured". What does that mean and what is his exp…
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By the nature of this profession we cannot offer pre-scheduled vacation time in an offer letter. The employees first 16 - 20 weeks will be spent in an academy. They can't miss time (state requirement) and must successfully finish the intense trainin…
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[quote user="mikeerdas"] How does one, and should one, accommodate a high-performing employee with a strong work ethic who asks to take a "trip of a lifetime"--a long vacation lasting ~3-4 weeks? Is it something to seriously consider granting if t…
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[quote user="MNHR952"]our company allows a quarter hour to 8 hours increments.[/quote] So do we but after 37 years I cannot remember a single time time has been taken in that way. Most want full days or half a day which is easy to work with. The rea…
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The answer is in the language that you use. If it is a part of an overall PTO package then your problem is solved. If you earn it my understanding is that it now has 'phantom dollars' attached in some manner and becomes a part of a pay out and is mo…
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[quote user="Redbudpt"]Thank you so much Cappy! Would you be able to send me your sample "Eligiblity form" and Designation form" my e-mail is shannon.carter@redbudpt.com. [/quote] Will do. Look for them after lunch. [pi]
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I would follow through as a WC injury. FMLA would follow the WC paperwork. Let me explain using information from the January "THOMPSON Guide to the Revised Regulations." "With FML events the first thing to do is to analyze whether a medical certific…
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Here is a sample of our automated response: "Your application has been received by City of ____________ for the _________ Communications Specialist position at 4:10 PM Eastern Time. We have received your application for employment with the City of …
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Hope this helps. Parts of our policy: (WE do not report cell phone use as any type of income) A. Policy Statement: Wireless telephones may be provided to employees, at the discretion of Department Directors, to assist them in the performance of thei…
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Difficult situation. I have a couple of thoughts. We have had personnel say time and again that they will retire by such and such. . then at the last moment change their mind. That is not illegal but does create succession planning difficulties. We …