marc
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I don't think it qualifies as stated above. Specially since she has not returned the certification paperwork, but even then, flu just does not qualify unless there are complications. Secondly, the time caring for hubby does not count.
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I would give a bit more weight to the fact that flu is specifically excluded absent complications. We don't know about any complications arising, at least none have been mentionded so far. But in fairness, the forms should not even mention the d…
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I would say this does not count as FMLA. Flu can count, but not ordinarily. From 825.114 (c) Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, minor ulcers, headaches other than migraine, routine dental …
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With apologies to "Good Morning Vietnam!" Irie - That is humor. I recognize that. Excellent comment that would be a great topper to this thread if I hadn't blown it and posted again.
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[font size="1" color="#FF0000"]LAST EDITED ON 03-09-07 AT 10:48AM (CST)[/font][br][br]edit: Oops wrong thread.
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I wondered about that one also. His name on the birth certificate would do it for us.
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Morris, you may be right. I still think there is merit to the thought that the Act only intends a 12 week burden on the ER for childbirth. Wouldn't that be a twist? An employment law that actually worked once in a while in the favor of the ER, wh…
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I think this is an interesting question, and the responses so far have identified some of the particulars in the Act with respect to marriage, divorce, etc. I believe you have identified an specific instance that the Act does not address. This que…
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You will likely find lots of different opinions regarding when to terminate. In my opinion, it is best to do it immediately after you have made the final decision. Give payroll an hour or so to get the final check ready and then pull the trigger.
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I am not seeing FML in the OP's statement. ADA was the issue in question. That said, it is up to the EE to advance any ADA issue. As stilldazed said, do NOT bring it up. If this concept is advanced, I would provide a job description to the EE an…
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Why have these elaborate attendance policies if you are not going to invoke the consequences. You are trying to protect the company and it sounds like these folks need to follow the policy guidelines or face the discipline that comes from not doing…
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We require supervisor approval for vacation leave. As I understand your scenario, this is what she is requesting instead of early FML. I would not approve this vacation request. It puts the company in a position to have to arrange for someone els…
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Be careful about how you limit FML leave rights. If you interfere with them, you can be open for severe penalty. That might mean hiring a temp to handle the missing hours in that department. These leaves fall into the "intermittent" category beca…
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I say yes.
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I think she is indicating something by her sudden recovery. (Duh). The time is there to be used when it is needed. She obviously would like to save her personal time for the occasion when she really needs it - - - - not like now.
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There may be specific WC rules in your state that require you to hold the job open for longer than the 12 weeks called for under FML.
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Yes, they can run concurrently, and we do so at our shop. By the way, the employee does not get to elect FML, that is the ER's call. In my opinion, you should always start the FML clock whenever you can.
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I think you have to offer the 16 weeks. FMLA is a minimum requirement, but nothing prevents companies from doing more - but you must do it consistently to avoid discrimination claims. At our shop, we offer the opportunity to apply for additional u…
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Agree.
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I think you put him on FMLA and wait for the 12 weeks to pass. There are specific circumstances that will allow you to get re-certification, but you don't have enough information to determine if you can recertify every 30 days (as is the case in ch…
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Yes, they can use their leave beyond FML if you don't require it to be otherwise used. If they still have two weeks of sick leave when FML expires, then they get to use it. As for vacation, most companies have some discretion about approving it, s…
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It sounds like the original leave is a bit open-ended. In that case, I would send a certified letter indicating that the FML expires on such and such a date and that it is your expectation that the EE will return to work. If the EE does not intend…
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If someone is competent enough to get to work and do their job, how can they not understand employment issues? While I have lots of sympathy for the situation, I don't think you need go further. Also, unless significant paperwork exists that ind…
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Why would you want to open up that can of worms? If they are EEs you want to have back, then let them re-apply for any opening when their medical issues are resolved. If that is not sufficient, the first thing I would do is just amend the LOA po…
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To further the discussion, if you examine 825.305, it clearly states: a) An employer may require that an employee's leave to care for the employee's seriously-ill spouse, son, daughter, or parent, or due to the employee's own serious health condit…
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Good advice from Nae squared. If the EE does not want to pay, they can take the discipline hit. Put it in context.
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One year for the paternal bonding portion of FML.
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[font size="1" color="#FF0000"]LAST EDITED ON 10-20-06 AT 10:23AM (CST)[/font][br][br]I would personally stay away this sort of thing. Lots of exposure here for the comapny without being able to provide anything on a really timely basis in the even…
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When she passed her anniversary date on 8/24, any medical issues with her baby that meet the definition provided by the FMLA make her eligible for FML. She should get the paperwork from the company and have her doctor fill it out, present this cert…
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Sounds to me like she should be eligible. Did she notify the company regarding the medical issues? I don't want to unreasonable chide this EE, but if the employer does not know about the issues, it cannot make a call regarding FML. That is why t…