davids
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We probably would give the employee a second chance. The employee could claim that the condition worsened since the doctor completed the form (even though it has been only a day). It's not worth the hassle. If we suspect fraud, we always have the…
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We do notify the employee when FMLA has been exhausted (actually, we try to get the notice out about two weeks in advance). If the WC claim is still active, or the employee still has entitlement under our state family and medical leave law, we woul…
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I agree with Joannie that an employee has job protection while on a workers' compensation claim. I think your HR Consultant's statement not to terminate an employee who has sick leave on the books, was a legal theory (and a good one) rather than a …
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[font size="1" color="#FF0000"]LAST EDITED ON 01-26-09 AT 12:34PM (CST)[/font][br][br]I have dealt with employees with environmental allergies and they almost all were messy situations. It is difficult to pinpoint the exact cause of some allergies…
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You need to look at your state's workers' compensation regulations and your obligations when the employee becomes medically stationary. It's not clear from your posting whether the 10% impairment means he can no longer perform his former job duties…
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We are seeing this more and more often. One of the driving forces is that insurance companies have standard reimbursement rates. So, even if a physician increases his/her rates due to increased overhead, he/she will only receive the standard reimb…
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FMLA does not provide advantages to an employee that he/she would otherwise not have had. So, you can lay off or terminate an employee if you would have had the employee not been on FMLA. Of course, the key to withstanding a challenge is to docume…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-02-08 AT 10:42AM (CST)[/font][br][br]I have a different take on this. I don't see how advertising a sale is creating a frenzy. The responsible parties are the shoppers who didn't have the decency to…
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I agree with Nae that if you began addressing the performance issues prior to her raising the workers' compensation issues you will be in a better position to defend a retaliation claim. As for your suspicion that the employee may have had prior ba…
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If you are a private employer, you can establish whatever policy you want. We are a public employer, where employees do have some constitutional protections. However, even we can prohibit employees from advocating a political position while on th…
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Here's my take. I think your policy can be troublesome under certain conditions. Suppose the employee's job with you is extremely labor intensive and the FMLA condition prevents the employee from performing THOSE duties. However, the employee is …
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Although I can't give you a specific citation, I believe there is case law that allows the employer to retroactively designate leave as FMLA if the employee has not yet returned from leave. I do not believe the employer can retroactively designate …
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My understanding is that if you invoke FMLA prior to the employee returning to work, you can make it effective retroactive to the first day of the absence. Once the employee returns to work you cannot invoke it retroactively.
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We usually give the employee an additional seven days when the certification froms are sitting at the doctor's office. If the employee said he just hasn't gotten around to giving the forms to the doctor, we would not provide extra time.
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Generally, I would agree with others to avoid discussion of the medical condition until the employee raises the issue. However, as you have medical documentation that indicates her medical condition causes confusion and an inability to make decisio…
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Non-work days do count; but I agree with Linda that the regulations say "more than" 3 days.
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We have denied FMLA when an employee does not return certification forms. However, we do provide the employee an additional week before denying the leave. My experience is that the hold up is usually with the doctor's office. Although, ultimately…
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The employee had no legal obligation to inform you or her supervisor of her medical condition; so, that should not be a factor in how you deal with the situation. In fact, you may be better off not having known about the condition. If you did know…
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I agree with others that there is nothing inappropriate about having your "assistant" send out the FMLA paperwork; but want to add a couple of other random thoughts. First, the union is citing a violation of statute, not the collective bargaining a…
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I faced a similar situation once. After consulting with our attorney, we decided the employee would become eligible while on leave. The employee is still employed while on leave and, therefore, would meet the 12-month threshold even though she was…
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You are correct that meeting with an attorney is not an FMLA-qualifying event.
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First, you said she has worked for you for "almost" one year. If she has not worked for twelve months, she is not eligible for FMLA. Even if she is eligible, she will have to document that the child has a serious health condition. My state just r…
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Although you never know what a court will do if this case ends up in court, it sounds like you have justification to terminate. Your termination notice should be clear that you are terminating for the failure to call in, not for the absence itself.…
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Assuming you receive the appropriate medical certifications, I would put the employee on FMLA. However, I would still terminate come the effective date of the resignation. If the employee asked to rescind the resignation, you would need to be cons…
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Yes, we do allow, in fact we require, employees to use their accrued sick leave or other paid leave (vacation, personal, holiday) when on FMLA or OFLA (Oregon Family Leave).
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We allow the use of sick leave for "paternity" leave and for the care of immediate family members. I am not sure about your use of the word "substitution." Although the employee is using sick leave, it still counts towards FMLA or our state OFLA.
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Let's remember that an accommodation is to enable the employee to perform the essential functions of his/her job. Time off for treatment may be a reasonable accommodation. Time off for jail is not. The jail time is for the DWI, not part of treatm…
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We would accept a doctor's note rather than the certification form IF the note provided the necessary information. I don't think what you relayed above provides the necessary information to conclude that the employee was absent due to a serious hea…
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I would ask all three women, individually, if any of them left the beer in the bathroom. Assuming they all deny it, I would remind them that drinking on the job is a dismissable offense. I would also inform the one you suspect , that there have …
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I think you are proceeding correctly. Based on observable behavior (falls), you have a legitimate concern as to the employee's ability to perform her tasks in a safe manner. A fitness for duty exam, which includes a doctor reviewing her medication…