deniseE

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deniseE
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  • One of the ways that you can get a Dr. to nail down specifics is to provide a copy of the job description...the Dr. can then determine what is OK and what is not...and you're not trying to decipher what might mean light duty....
  • It's the legal guardian status that makes this situation different from a brother taking some time off to help his sister after surgery. They are still related, but in your case, the brother is actually a ward of his sister....she may even claim him…
  • Gastric Bypass is not performed as an "elective" procedure, the way you would think of a nose job. Generally, the person must be a qualifying weight to be eligible for the surgery. Let the doctor decide what is medically necessary and what is not. …
  • we have a policy that allows certain employees to work from home. It basically sets forth the hours we expect the employee to be available and what is to be accomplished during that time. We provide the computer and remote access to our system... W…
  • How would you treat another employee that had a serious health condition covered under the ADA? She is pregnant, but suffering from a disability that will temporarily prevent her from engaging in many basic life functions. She cannot return to work…
  • She's already filed her complaint.....so we're above a whisper. Since she does desk work (no walking/lifting) there was not really an accmodation to be made to the physical requirements of the job. It seems that what she didn't do was report to wo…
  • Thanks! We have so few here...I think I've only ever seen one come through..that I'm just not familiar with the process. She keeps asking me what she should do and I'm just not sure. In the past they never paid because she received SSD income-which…
  • She does not have sick time (not a full time employee). The waiting period is fine...but McD's keeps dodging her questions...I just wasn't sure if I was missing something...we're usually pretty straight forward when it's clearly a work-related injur…
  • We do have employees provide verification that they were out for FMLA leave to make sure that we are correctly separating the leave and not charging more FMLA time than necessary. So far, we've not had a problem...if there's something in the regs p…
  • The problem is that you're receiving information about ee from other ee's....it's kind of like calling in sick and being seen at the mall...it calls the whole thing into question, but there's not much that can be done about it. However, FMLA does p…
  • Unless the employee mis-spoke or the supervisor misunderstood what the ee was attemtping to convey. Prior to termination, I would try to contact the ee (phone, letter) and circumvent any potential litigation. Just a bit of preventative medicine...i…
  • With Foster Care placement the ee may also have other issues that will arise requiring the need for flexibility in scheduling. Since both adoption and foster care are covered under FMLA, I would follow the Act and your policies and try hard not to …
  • At the end of the day the reason that will matter most is the one on the document, certified by the doctor. The EE came to you and was honest...and couldn't accomplish what he wanted/needed to...he found a loophole. This will happen from time to t…
  • The only other issue you may want to factor in is that not all nursing homes have a doctor on site every day. They may be on call for emergencies, but I don't think signing your ee's note will be an emergency. However, most state regulations do req…
  • I have to agree....true...she will not have to attend to the cooking of meals and maybe the immediate cleaning of the living area...but residents of nursing home facilities still require care beyond the medical necessity. And the staff just can't do…
  • I agree with Don....It's not like the birth was a secret...he filled out the needed paperwork for that....and I doubt that he knew about the heart condition in advance. It doesn't sound like an end-run to me. I'm sure he'll get you the revised pape…
  • We terminated an ee for similar behavior last year...the Unemployment Comp. Judge upheld the termination and did not award her benefits.
  • She is entitled to take the time...the hearsay about what she is doing with the time is just that.
  • Agreed these are two separate issues.
  • I think the postman is stretching it a bit...but it's understandable to want to prevent the abuse of the system. It's also worthwhile to take good ee's and want to make reasonable accomodations. If this is an ee that you really want/need to keep...…
  • Does the employee have the paid time off to do this, even without the backing of FMLA? I'm thinking if it is really important to her...she'll want to be there, even if it's not FMLA Leave.
  • The upside to FMLA for an employer is that it can only go on for 12 weeks...once the ee is outside of that 12 weeks, you certainly can take action for sub-par performance. During the days she is at work, I imagine that you should hold her to the sam…
  • I thought that you counted only days that the ee would be expected to be at work...so it would exclude typical days off and company holidays...but maybe I'm wrong...
  • If it's really bothering you...you can always request that the ee seek a second opinion, which of course you will pay for... But Back Pain is hard to prove/disprove and it's probably just not worth your time.
  • We're fortunately large enough (in most departments) to absorb even a vital position for up to 24 weeks if we need to. It's in our interest, esp. if it is a valuable employee...we'd rather wait than re-train!! We've had some situations, but overall…
  • It depends on your other policies. We offer an unpaid leave of absence that can continue for an additional 12 weeks... but once that's exhausted, we have no choice but to terminate. We have specific qualifications for the additional time...and do …
  • some people are better at working through them than others....that's not to say that they are not any more/less debilitated...and there are the other side effects.... many of the medications have caffiene which may get rid of the headache in time..…
  • Migraines are tricky little devils...and if you've never had one...consider yourself lucky.... sometimes the medication prescribed to help alleviate them actually causes "cluster headaches" which are no more fun than the one you were trying to rid …
  • The typical six week period post-birth is given more for recovery from the birth than the need to take care of the child. So, at minimum she's entitled to physical recovery time. What type of bereavement policies do you have? Additionally, if a do…
    in Birth Comment by deniseE June 2004
  • [font size="1" color="#FF0000"]LAST EDITED ON 06-02-04 AT 10:08AM (CST)[/font][br][br]The regulations clearly state the family relationships that qualify for FMLA...and as far as I know, none have been quantified by the ablility of another relative …