marc
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We have not had an EE out for any extended time due to a WC injury. The way we handle it, is that as long as the EE is receiving a company paycheck, their benefits continue as is. If they are out on FML leave, they must pay their portion of any be…
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We allow the EEs to use any leave time accumulated for any reason, whether it is FML or not.
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Geno has laid out a good response. To expand just a little bit on the concurrent use of paid leave banks while out on FML - we require it. Our reasoning is really quite straight forward. It seems burdensome to have an EE out for 12 weeks of FML, …
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Also, if you read the rest of the key EE regs, you will see that complying with the replacement provisions is very tough. The hoops you must jump through to do so are very high, with tiny little openings. Very difficult to comply with. You might …
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My Spiderman paranoia sensors are tingling here. Why would an attorney advise against filling out FML paperwork? Is he/she trying to set the company up for some sort of lawsuit related to the injury? Did anyone every put dog s&*t in a paper…
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From another perspective, I think it important to send the message to this EE and staff in general, that wellness considerations are important to the company. Promoting positive steps to improving health can pay big dividends.
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Thanks for the feedback. My reluctance to count the absences stems from the doctors note being so adament that this "normal pregnancy" would have such limited FMLA application. I have also not experienced medical providers that would not certify s…
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Read the "Key Employee" procedures outlined in the FML regulations and you will see that you have to jump a fairly high bar to eliminate someone who has been so designated. As I read your post, you have not already replaced this key employee all th…
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This interpretation gave me pause also. I don't remember anything specifically excluding any Dr the company might already be using. Isn't it similar to the employee using his regular physician? If I have contracted with any medical provider for s…
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Larry is correct.
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If something significant changed, you can request recertification immediately.
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It is true the Company has the responsibility to make the actual designation, but few of us do it without the medical provider certifying it on the DOL form. Eliminate your doubts by requiring this form. Perhaps the HR person just assumed the cert…
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Rockie is probably right, but it might be fun to fight this one. Going with the preponderance of evidence - she cleaned out her desk beforehand and immediately upon returning to work, she gave notice - you might have enough firm ground to stand on …
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I am not quite sure I get your question, but the math I would do is as follows: 31.97% divided by 88% yields 36.33%. Now multiply that by 96% and you get 34.88%. Disclaimer: That may be completely useless information.
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[font size="1" color="#FF0000"]LAST EDITED ON 08-23-05 AT 06:15PM (CST)[/font][br][br]Wow, what a sad story. To begin with, the fact that you had no knowledge of any of his condition is probably your best defense. I don't know how an employer co…
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It would count as WC in Nevada.
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I think you are looking at a rather in depth analysis to determine whether or not FML applies to the three companies you introduced and the associated 52 EEs. To start with, you should talk to an Attorney who has some depth in the FML field. On th…
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I am a bit curious about the EEs attitude that he does not have to do this. With some gentle questioning, perhaps you would find he has some misconceptions about HIPAA or some other privacy type question. Simply clarify that this is a Fitness for …
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Is this the first time you have had an exempt EE stay home for a family members illness? Your post does not ask an FML question, it is just interwoven into the scenario - take that part out of the equation. As others have pointed out - surely you …
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Sounds like a very serious medical condition, but I almost always let the Dr.s certificate guide me. Look to it for your determination.
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Yes, you should have notified her when FML started, but the Ragsdale case gives some leeway, basically stating that the Act was not intended to give the EEs more than 12 weeks just because the ER did not notify of the start of the clock. You can do…
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My answer is ------ maybe. It really depends on what the medical provider indicates is necessary. Kemo treatments schedules do not necessarily tie to a weekly calendar - the mom's Dr will determine this.
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The only violation that would happen is if the EE in question were disciplined in some fashion, which would be an adverse employment action, during the leaves that were less than 5 days but were still FML qualified. In general, not starting the clo…
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It is up to the ER to designate leave as FML, usually done with medical certification, however, as long as you are not applying negative consequences to an otherwise protected leave, FML need not apply. If you do not give the leave, and it is FML,…
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Sorry for the delayed response, just got back in town. My son is relocating to So. Cal to start Physicians Assistant school. I was helping he and his girlfriend find an apt. Successful trip - next week we load the Uhaul and drive down again. But…
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Is you first name really Sinclair as it says in your profile? Anyway, you make a couple of good points. The guy worked, the client wants you to make him whole and continue his employ - those wishes should be considered in the decision equation.
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We have had a couple of cases where the WC docs tried several physical therapy type exercises, along with a canvas/plastic wrist brace that provided support with limited flexibility. It worked in one, but not in the other.
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You omitted some detail, but I am not sure it matters. The detail has to do with the method of termination. Was it a written resignation, did the client company just tell you they were hiring him, how did all of that go down? This poor guy is in …
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I assume you have a work from home policy? This policy should provide for measureable outcomes related to the work being performed at home - the managers manager needs to be involved with this whole process. That would be the first hoop to jump …
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And are you to read this Dr.'s mind or complete 3 years of medical school, followed by Residency and some practice to know what appropriate management of this condition means? Using that general statement is not beneficial to the company, it only s…