marc
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We have had a couple of non-physical impairments to deal with. One was a depression diagnosis - one of our case managers whose job it was to determine client eligibility for childcare subsidy, could not do her job at all. First came FML, which she…
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[font size="1" color="#FF0000"]LAST EDITED ON 07-06-05 AT 10:41AM (CST)[/font][br][br]Welcome to the Forum, Public Sector. Like the others, I would not rush to accomodate. If I worked through your post correctly, you indicated the EEs had made the…
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The time does not have to be consecutive or continuous. All time worked for the ER counts. Theoretically, you could have worked a couple of months 5 years ago and completed the remaining months of the 12 at any time since and be eligible for the l…
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That is more clear than I originally understood. A couple of comments. Your EEs are now working 3 - 12 hour shifts during a work week. So you are doing some sort of revolving rotation (like 3 days on, 5 days off)so that one weekend day is schedu…
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I get that people can be required to make up for missed work. I don't get that it may not be an OT situation. If you work more than 40 hours in a work week, and you are non-exempt - OT should be paid, right?
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Don't recall anything even remotely akin to this notion, so no help here.
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If this medical condition is going to be a long term situation you may be dealing with this issue for the remainder of this EEs tenure with you. If the on-call nature of the position is necessary, you may not be able to make the accomodation the EE…
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Hi Judy, Yes, state law specific as others have noted. In Nevada, you must have a poster up with the details. The EE must give written notice of the accident or injury as soon as possible, but no later than 7 days. To file the medical treatmen…
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MIHR is generally correct. However, in the regulations, 825.113 gives two instances where this person could be considered for eligibility. They are: b) Parent means a biological parent or an individual who stands or stood in loco parentis to an e…
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Interesting question. The act entitles an EE to 12 work weeks of leave. Ordinarily, this would mean 12 x 40 hours or 480 intermittent hours. You have two factors going on that would act to make this a meaningless exercise. First, you say the OT …
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We modified our vacation and sick leave request form to add a check box regarding FMLA. However, no matter how much training or written material you provide EEs, many still do not get that their leave requests may qualify under the Act. Make it ea…
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It is up to the company to determine the essential funtions of the job. As you have described this, rotation might fall under that umbrella. The benefits of light duty have been proven to be an aid to getting the injured worker back into the wor…
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A couple of good points have been raised in this thread. The FMLA does say the EE should not be penalized for using it, which would support the idea that the benefits should be on top of FML, but court cases also say the act was intended to make sur…
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What was the diagnosis given in the initial, authorized treatment? I would start there. If this diagnosis suggested a chiropractic regimen, then it is probably OK and you need the paperwork to follow. If it did not suggest this, then I would co…
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I think that was the right action to take.
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The entire form is to be completed by the health care provider. On it's face, the form means providing medical services. Question 6.b. "If any of these treatments will be provided by another provider of health services (e.g., physical therapist),…
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Scot, I will respectfully disagree. The letter of the law is difficult enough to discern without setting precedent that will impact your FMLA administration with the rest of the staff. But equally important is the problem we have with Medical prov…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-06-05 AT 10:47AM (CST)[/font][br][br]Fire her, file criminal charges for attempting to defraud the company, and file charges against the Dr. with the AMA. I think there is a State agency that handles…
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Once you have worked your way through the Key EE aspects, you will probably conclude (at least I did), that actually being able to use these provisions is a long shot. So, unless you do qualify as an Educational Institution, I think you are out of …
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Vet visits are not covered now - most companies will not even allow EEs to use their sick time for this purpose. That does not prevent our EEs from trying it though.
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Did you google? If no luck there, contact your congresspeople.
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Well done!xclap
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Probably not. Even though this was done without your knowledge, the company's technology was used to disseminate the information. You did get approval, albeit after the fact. You should document this conversation and try to get the EE to sign o…
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Check out 825.205 of the Regulations. It states: (d) If an employee's schedule varies from week to week, a weekly average of the hours worked over the 12 weeks prior to the beginning of the leave period would be used for calculating the employee's…
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We may have indeed confused the original poster, although it is clear as mud to me.:-S Yes, the rolling method is the most difficult to track, however in post #3, the original poster indicated that is the method they were using, thus the explanati…
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:-? Don, my explanation does work but if you need it, here is the official explanation in the DOL regulations excerpted from 29 CFR 825.200 (c): "...Under the method in paragraph (b)(4) of this section, the ``rolling'' 12-month period, each time…
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The first mistake is going to LV thinking you are going to win. My mother always says: "Last night I won $1,000 - and I would have won even more but I ran out of money."
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The rolling calendar is a bit more complicated. Your person started using FML in February and used it all up by October. The 12 weeks are all gone at this point. Starting in Feb 06, this person will start earning back her 12 weeks. She will b…
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Agee with HRinFL - do not jump the gun. So far you do not know if you even have an FML situation. The EE has indicated a problem with medication - I assume a conversation has been started regarding sleeping on the job - which is obviously an unacc…
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You need to be consistent. In this case you would be setting a precedent that would allow one reinstatement if the payment was one day late with new payment terms. Thereafter, payments would be due on the 5th, with allowance for weekends. Amend y…