davids
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It is not clear from your posting as to whether the employee has seen a doctor or had time loss. If he is claiming that he has a work-related injury or medical condition (as it appears he is), I would give him the workers' compensation froms and wo…
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"Old age" is not a condition covered by ADA. However, infirmities that accompany getting older could qualify under FMLA. I would question the employee to determine if there is an underlying medical condition causing the performance issues. If the…
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I don't think you are required to pay for the breaks other than the one break required by law. I have actually dealt with a similar issue and we required the employee to charge the 15-minute non-work time to her sick or vacation leave banks. Howev…
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This is a tough one. I agree that you need to be concerned with the employee's confidentiality; but you also need to be concerned with the welfare of your other employees. I don't know enough about shingles to respond specifically to your situatio…
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I agree with others, but want to raise a side issue of allowing employees to use the employer's email system for personal messages. Once you allow one employee to send broadcast messages of a personal message, you will have difficulty stopping othe…
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It is not uncommon for FMLA paperwork to be delayed at the doctor's office. We will normally give the employee an extra 7 days. After that we deny the leave. However, we will rescind the denial if the doctor later confirms that the hold up was on…
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Our firefighters work a 56-hour week also. If they are taking FMLA in whole weeks, it is easy to track. They are entitled to twelve 56-hour weeks. If an employee is taking intermittent FMLA, we do provide 672 hours, the equivalent of twelve 56-ho…
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I agree with stilldazed; but would add that the employee in this situation would be on intermittent FMLA. If the employee's coming and going without much (or any) notice causes an issue for completing the work, the law allows you to temporarily tra…
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If you have work for her that is within the restrictions set by her physician, and she refuses, she loses FMLA protection. However, I agree with stilldazed that you want to ensure you, the employee and physician on all on the same page as to what "…
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I agree with Nae. If the employee was not scheduled to work, we would not count the days towards FMLA. I previously worked at a Univeristy. We would not count break periods (spring break, Christmas, summer) towards FMLA if the employee was not sc…
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I agree with others in that I would send her the FMLA paperwork and see what the response says. However, there could be another issue brewing. Your statement that "younger" employees have been trained on new equipment, but she has not, raises the …
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Thank you for your reply. No, I was not assuming that a doctor's note automatically excuses an absence. And, after 20+ years in HR, I understand the importance of adhering to policy. However, I also understand the danger of adhering to policy (wh…
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You say the employee brought in a doctor's note. Does the note provide you enough information to make a decision on FMLA? If yes, I would not get caught up in "process" of requiring a specific form. I am curious why FMLA certified leave would be …
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Asthma can be an FMLA-qualifying condition. It is episodic which, unfortunately, results in the need for intermittent leave. However, once you have medical certification and designate the condition as FMLA, it is the employee's responsibility to i…
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I have transferred employees on intermittent FMLA to less time-critical positions. In each case, the employee viewed it as "punishment"; but it is clearly allowed by FMLA regulations and it worked out well for the organization. It also appeared to…
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I beg to differ with others; but reasonable accommodation could be modifying the employee's work hours, allowing more frequent or longer breaks, etc. However, before framing this as an ADA issue, I would seek more information regarding the employee…
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Some sources for you to check are: your workers' compensation carrier, your general liability insurance carrier and your state's OSHA agency. We have found useful information from the above sources.
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FMLA regulations do not specifically reference workers' compensation, but the definition of serious health condition doesn't separate out workers' compensation issues. So, yes you can run FMLA concurrently with workers' compensation. However, invo…
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It seems reasonable that if the job requires the employee to work 12, 14 or 16 hours a day, and the employee can only work 8, that you would charge the hours that he/she is unable to work towards FMLA. However, the flip side of that is the question…
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I have a concern with the note from the OB-GYN. You are recommending that the OB-GYN certify that the employee is the baby's father. The only way the doctor can do that is to run a paternity test. My concern is one of equal treatment. Are you re…
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Unless Tennessee statute says otherwise, no, you do not have to create a job. The organizations I have worked for always had a cap on light duty assignments of up to 90 days. After 90 days, if the employee is not medically stationary and cannot pe…
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I believe you can ask for recertification every thirty days. However, I don't see that helping you much. The issue doesn't appear to be whether the child really has a chronic condition, but rather, whether the child's chronic condition is the real…
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If the employee is requesting time off,yes, the employer can/should designate it as FMLA (if the reason is a qualifying event). However, if the employee is not requesting time off, I am not sure that you can force the employee to take leave unless …
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We usually send the employee a letter approximately two weeks prior to the FMLA being exhausted (based on using all 12 weeks) or expired (based on the time the physician certified the employee to be off). We don't ask the employee if (s)he is retur…
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I'm not sure I am following what the issue is. You start by saying she was terminated for not complying with policy and poor work performance. However, then, it appears that your asking about accommodating her disability. Is she claiming that her…
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I'll start out with the caveat that I am not an attorney; but when I have dealt with employees who were acting as "loco parentis" in the past, it was always a situation where the real parent was absent and the employee was acting in place of the par…
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We initially provide the employee with 15 days to return the medical certification. We will usually extend that because we don't want to hold the employee responsibile for a delay caused by the doctor's office. However, if the certification is not…
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The regulations state that an employer can require certification. It doesn't really say what form the certification should take. If the doctor's note already provided gives you the information you need to determine whether or not the employee is F…
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I agree that this appears to not be an ADA issue. The question appears to be will you reimburse the employee for work-related damage (in his opinion) to his personal belongings. Do you have a policy or practice related to reimbursing employees for…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-28-06 AT 03:59PM (CST)[/font][br][br]I work for a city government and we run FMLA and WC concurrently. As noted by others, irrespective of the cause of the medical condition, if it is an FMLA-qualify…