juju
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Maybe I read this wrong. I thought the EE actually went to the ER and got a "diagnosis pending" response from the ER docs, hence my earlier post to go to a panel doc. Regardless of whether they were seen or not though, we log any WC report whether…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-10-04 AT 09:21AM (CST)[/font][br][br]Our policy is that if an employee is seen in the ER, they must follow up with a panel provider within 24 hours. We have found that ER docs are very hesitant to ad…
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Hopefully some of the FMLA gurus will weigh in on this but in the meantime I have an issue with semantics. If the doctor didn't put a return date (or at least a date when the patient will be re-evaluated), asking for clarification is not the same a…
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Sounds like you may have a small company. Federal FMLA only covers you if you have at least 50 employees within a 75 mile radius. Would you qualify? However, even if you don't qualify for federal, your state may designate other types of leave.
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Once an employee's leave time is exhausted, we term. Their WC case still goes on.
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Our company actually pays them their regular salary for those initial days (unless it goes long enough for our carrier to pick up and retro to day one). Our employees don't even have to use PTO. I will never understand why we pay - I agree that no…
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Personally, I would not get a second opinion. I would, however, make sure the doctor has seen a written job description detailing the physical duties. (We actually have a form we have the doctors sign that states they have read the job description…
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I believe that on the OSHA log, you are required to list restricted work activity OR days off work, whichever is more serious. I would say that all the time he has been working restricted duty would be more serious. And the more I think about it…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-30-04 AT 07:33PM (CST)[/font][br][br]We do pay the first seven. In PA, WC payments retro after 14 days. I agree that it is more difficult to get people back quickly if they are still on the company …
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What great suggestions! I will keep them in mind and use them when I can. However, I often run into the problem of having an employee who can't even use the copier correctly, let alone type or alphabetize. Also, it is sometimes hard to find a com…
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When I worked for a staffing company and all else failed, they had the emplyees sit in front of the window and count cars. Talk about a LONG day!
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We had the same situation a few months back (2 employees fell on ice while entering the building for their shifts). Here in PA, it was covered under WC.
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We are in PA and I have never heard of such a law. The seminars I have been to always encouraged running WC and FMLA concurrently to prevent leave stacking, as Don explained.
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[font size="1" color="#FF0000"]LAST EDITED ON 09-15-04 AT 10:21AM (CST)[/font][br][br]I would send her back to a doctor. It may not have to be the original WC doctor. I don't know about your state law, but in PA they can treat with a provider of t…
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I agree that you should report the claim. I bet your carrier will probably deny it (although stranger things have happened!). We had a situation where an employee was injured playing softball at a voluntary planning session/picnic. Our carrier den…
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Yes. You are required to maintain your contribution, regardless of the percentage.
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[font size="1" color="#FF0000"]LAST EDITED ON 07-21-04 AT 11:37AM (CST)[/font][br][br]I agree with you about the responsiblity issue. Personally I would not call the doctor (I think the employee should be responsible for getting us the forms) howev…
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[font size="1" color="#FF0000"]LAST EDITED ON 07-21-04 AT 11:07AM (CST)[/font][br][br]I respectfully disagree that the employee's permission would be needed in this case. The employer is not asking for PHI, just clarifying what is needed on a form …
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I don't understand why the employee would need to "release" anything. Diagnoses and specifics are not necessary on the FMLA form - the doctor must just state that the employee is suffering from an FMLA-eligible condition preventing them from workin…
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No, calendar days need to be counted.
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Popeye's post provides the same info that I learned in a recent FMLA seminar. Basically if the company allows someone to take non-FMLA time off (due to not having one year of service) and THEN the employee has a one-year anniversary, their FMLA clo…
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I had never heard of it either until I read the Tip this morning. I knew that employers could require the use of paid time, but not that there were specific types of time that could and could not be used for different types of FMLA.
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There have been several posts about this lately. I would give the ee the FMLA paperwork and have the mother's doctor complete it. If the dr says the ee is needed for the mother's psychological comfort, that is an FMLA qualifying event. Just becau…
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I'm not sure how government employers handle this, but we have a policy that employees must use all available sick time first (before vacation, personal, etc) if the FMLA is for their own serious health condition. If it's for the birth of a child o…
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I am seeing this differently from the previous posters, so someone please let me know if I am way off base here. Employee was out (on some type of leave, doesn't really matter what it was called since she was not eligible for FMLA). Comes back, be…
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It is my understanding that the employee must actually physically work the 1250 hours. Vacation/holiday/sick time and previous FMLA time do not count toward that total.
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I have seen similar posts on the forum about this topic. I don't think minor children were involved, but (I'm trusting those who know more about FMLA will correct me if I'm wrong) I don't think that matters. If the birth is uncomplicated, the moth…
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I listened to a good FMLA audio conference and they touched on this very topic. Yes, the employee would still be eligible if he/she is still on your books when the 12 month requirement has been met. Basically, the new employee COULD be getting an …
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I don't think FMLA protects her job, especially if she is resigning (rather than being termed due to performance or RIF). There was a good thread a while back on how much time until a resignation was too much and what to do about it. Good luck!
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I don't see why you couldn't term her BEFORE taking the next round of 12 weeks, unless you don't want to or have another type of LOA policy in place. Also, I would double check to be sure she is eligible for FMLA a second time around, especially th…