lnelson
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It is 12 work weeks it may differ between ees depending on their schedule. Example #1: Joe works M-F 8am to 5pm he goes out on FMLA on Tuesday June 20,2006. Counting the first Tuesday June 20th his 12 weeks would expire on Sept. 12th if not inter…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-08-06 AT 07:09PM (CST)[/font][br][br]I am assuming she was a key/highly compensated ee and therefore you do not have to rehire her for the same position, salary,benefits. But you also do not need to …
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Why haven't you tried to get him to your doctor for care? Unless he predesignated a doctor when you hired him the ER has control of his care for the first 30 days? At least that is the case here in CA you may want to verify this with your states re…
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Just because the 90-day probation period is expired does not erase the warnings and disciplinary action you have done and if the notice does not state that after this XX/XX/XX date all previous occurances will be null & void. She was fine th…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-18-05 AT 06:16PM (CST)[/font][br][br] 25 or more working at least 180 days
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Thanks marc I have done all of the above with exception the ee has not signed it off yet. Have a great weekend! Lisa
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And the saga continues.... The ex-ee just called to speak with the VP of the company because I termed his COBRA and there seems to be a discrepancy according to him on the grace periods. I have checked over and over again all documents I gave and …
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Thanks marc & Sandra_d, We have decided it best to follow our policy & procedure rather than change our current policy. So I am a heartless person cause his COBRA will remain terminated. Lisa x}>
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[font size="1" color="#FF0000"]LAST EDITED ON 05-12-05 AT 12:54PM (CST)[/font][br][br]Prior to election of coverage the ee & I had many discussions on the payment policies, monthly statements were sent cert mail stating due date and grace period…
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I agree with Pork1 - Once on FMLA you cannot count the time the sup has allowed the ee to make up for the lost time as FMLA. As Pork said I would put a stop to this and issue the correct procedures regarding intermittent leave to both the sup and e…
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If it is leave due to W/C or FMLA you would still accrue time but if it is not covered by W/C or FMLA you do not have to accrue time as it states in your policy. I would revise the policy to omit FMLA & W/C types of LOA.
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Franklin, Welcome to the forum if you would like I can e-mail or fax a copy of our FMLA policy in our handbook which was recently updated.
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I am going to disagree with The Don on this. I am with Gillian if the act does not apply even though previously offered it should be stated to the participant now as a LOA not covered by the provisions of the FML act or CFRA. The company is not deny…
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I am agreeing with marc on this - Sorry Pork1. But other than intermittent leave which can extend beyond 12 weeks. The regs clearly state the protection for 12 weeks not 480 hours. So my interpetation would be the same as marc. 12weeks @ 24 hrs pe…
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I would send the FMLA paperwork. It is up to her doctor to state if it is a serious health condition.
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[font size="1" color="#FF0000"]LAST EDITED ON 02-14-05 AT 01:29PM (CST)[/font][br][br]Our 2005/2006 is our highest at 1.08 2004/2005 .99 2003/2004 .84 2002/2003 .87 Apparently your current mod rate is based on your worker comp exposure for 2002/200…
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OK here is the final word on this: Attorney and higher up have agreed to extend the LOA thru March 25th again not guaranteeing the positon with the company and Terming the company portion of benefits effective 2/28/05 and offering COBRA to the ee. (…
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Don - You're right do you think I can file a W/C claim for Stress due to indecisiveness. I think no matter which way we go extend with COBRA or term now we would be ok. You never know what someone will do but I believe we have done all we can w…
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Gillian - We have talked to an attorney who is stating that we can terminate now but there would be more risk for a wrongful termination claim. He is recommending extending the leave and offering the ee COBRA benefits. My question is that this is…
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I am prepared to issue a letter to him stating we are terminating his employment due to business necessity and that he can re-apply for any available positions with us in the future. It will also state his ineligiblity for FMLA. I agree I would n…
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Follow up on this situation. The ee provided Dr. note stating he will be off work from 1/26/05 to 2/25/05. We decided to put him on a leave of absence. In the letter we stated that he was to return by 2/28/05 with full release from doctor and that t…
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As far as FMLA it would expire on 12-31 his term date. Normally once the ER is made aware that the ee does not intend to return to work FMLA and its benefits are cancelled. But if you are offering the ee a severance package you can add an extra mon…
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I agree with Bolloonman. Usually the clinic has bi-lingual personnel.
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Here's an update - Our W/C carrier has referred the ee to another doctor for a third opinion in order to decifer the differences between the other 2 doctors. Hopefully, this will be the kicker. Lisa
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Thanks Balloonman - I agree with your first assumption. My Safety Director has been in constant contact with the carrier and I will ask him to ask those questions and make sure that they stay on top of it. I agree it may be worth the investigator b…
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Thank you Safety Witch - How can we do that when the work comp carrier is pretty much given up. They have put the claim on HOLD which is good but I do not know what they are doing. California workers compensation is soooo out of whack these days.…
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I would hold off on terming the ee. A while back my husband had a twisted scrotum and the treating doctor said that it was due to lifting albeit he weight lifts on a daily basis but it can happen at any time. Once twisted if not manually or surgica…
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The employer is responsible for the care of the ee during the first 30 days from incident and unless the ee has provided the company prior to incident a personal physician or chiropractor designation. You as the ER can refer the ee to your normal W/…
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I don't know I would still be hesitant to put this person back to work. Like Balloonman said, can it be aggravated by doing his job if so, I would not hire back. Seems fishy because he has no insurance, doctor waiting for insurance to kick in to …
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We work with a state carrier right now. I sympathize with your situation I have had and am still going through 2 such cases were the WC carrier dropped the ball. We suggested to them to put surveillance on them but they failed to do so. These case…