marc
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Perhaps. We would need to know the date of her one year anniversary and if she got her 1250 hours in. It sounds like the medical condition would qualify. Also, does the retail chain have 50 EEs within 75 miles? If she did cross her anniversary…
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This kind of release is a limited or light duty release. You are not able to return them to their original job because they are NOT released for that. Seems to me that this would still be FML if that is the case.
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Those are the cold hard facts. Our shop will allow additional leave without pay of up to 90 days depending on circumstances. Perhaps this sort of leave will get you where you would like to go.
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No. The employee must intend to return to work for FMLA to be activated.
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We had a similar issue and ended up allowing the father to use sick leave. It was a matter of applying policies consistently to either gender. Our employees are 90% female. Through a bit of research, I found that we consistently allowed females …
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Thanks for the clarification. Most of our labor forces display the usual bell curve. You've got a few superstarts and a few folks who might develope into superstars. On the other side, there are those who will be gone - it's just a matter of t…
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If you have an EE worth keeping, I think it is a good idea to not let a years worth of training go by the wayside because of FML. Just curious though - wouldn't you already have a good idea if she's a performer or not?
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Please go to 825.110 for some guidance on your answer. If you don't tell her within two days of her request for leave, she is basically entitled to it. There are some other twists and turns that impact that timing, so go to the regs and make sure …
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There are a few layers to the answer you are requesting. First, I assume that this EE has worked the requisite 1250 hours during her employment. She may or may not have balances in her paid leave banks (vacation, sick pay, personal days, PTO, etc)…
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Way off base.
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Is she in a position where she may also have to interact with customers, vendors, and other non-employees? While you might be able to control whether or not the EEs use these products, you may not be able to do so for others with which your company…
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Precedents have been established through litigation that basically says if the ER knew or should have known about the condition that could lead to FML, it is incumbant to start the paperwork. You give them the 15 day letter to produce the certific…
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As usual, the density level of my communication is challenging at best. I meant her application for FMLA treatment. In our shop, we have catastrophic leave available, so I could go that direction if necessary.
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Gee Ray, I might be forced to grant her application due to my complete misunderstanding of the situation. Oops, I did not really get the correct information.
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I am one of the lucky few men who has had migraines all of my adult life. Since the age of 22 - they were once a week at first, but now can be quite frequent. That does not mean your EEs aren't goldbricking, but it also does not mean they are. If…
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So - any new chapters in this saga?
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Look, you only have to provide a reasonable accomodation after the interactive ADA process has worked out what that is. Whirlwind is right on with her advice, follow it and the EE will have to bring in the medical documentation that starts that p…
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Make it three. Anyone for a foursome? I have an 11:00 tee time (just kidding - but it will hit 56 degrees today, that's warm enough to play.
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I am not sure which poster said it, but do not extend FML, instead, offer/grant unpaid LOA. This peice can be discretionary and depend on a few things to protect you - like the EE must be in good standing - has to have been with the company at leas…
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To piggyback on Popeyes response, you can also recertify monthly, in connection with one of the episodes. Give them the paperwork and start the 15 day clock.
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Require her to check in a couple of times a day and have the phone number for the local ambulance company handy just in case she misses a check in.
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Agree with Whatever - do not take the Key Employee tact. The person is not key by definition, and even if they were, you have not jumped through the FMLA hoops (which are really quite extensive) with respect to how to handle a key employee. The pa…
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It can be excrutiating for those that have it. I understand it is a lower back thing - but I would think the severity would need a DR.s certification. I have heard of some that have a mild pain, really just uncomfortable, others cannot move it is …
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The 7 days is the time frame to report the claim to the ER. If medical treatment is sought, the C-4 form is generated - the 90 days has to do with filing the completed C-4, which is the paperwork that gets to the WC carrier.
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Even self insured companies in Nevada must post a notice regarding workers comp. Our notice says the accident must be reported within 90 days. Those that are not are regularly denied by the carrier - in this case, your company. Workers can appeal…
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Of course, if the dentist would not so certify, then none of it is even considered.
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You think orthodontia is cosmetic? this is another point upon which I would disagree - but hey, it is the ERs call. If you are comfortable going against the certification of a medical provider, without the benefit of a second opinion backing up yo…
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I have to disagree Linda. I think it qualifies under the paragraph c) continuing treatment portion. The daughter obviously is covered under the family portion of the act. I would let it happen and count the days. What is the harm - she would be …
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In our shop, STD is handled by the insurance company - they make all those calls in concert with medical providers. If yours is self funded, then you have a decent reason to stop those payments as the paperwork suggests. If the medical provider gi…