marc
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If it is truly discretionary, I would probably cut them a break with some stipulations regarding future premium payments. Have you informed the EE of your policy regarding premium payments? If not, perhaps a certified letter indicating that all pa…
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We pay for the holidays when the EE is otherwise receiving a check. Is the appointment going to take all day? Perhaps the EE could report for work before or after the appointment. Further, when the EE is utilizing FML, we require the concurrent u…
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If the steel toes are a safety requirement, and there are no other acceptable shoes that will meet the safety standard, accomodating her needs may not be possible. If that is indeed the case, your choices are (1) find another position she is qualif…
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Hey Brad, good to see you posting after what seems like a long absence. Excellent post, nothing to add except a little extra explanation to 4). The law did not intend for the EE to get more than the 12 weeks guaranteed. So if the EE did not notif…
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OK. I gave you a couple of ways to change your policies - which it looks like you have to do if you want to keep theis EE. If not, then follow your policies and continue with the term. I don't wish to be harsh, but I don't think you can have it b…
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Well you can consider a catastrophic leave policy or just an ordinary leave of absence policy. We have both. One allows other EEs to donate qualifying time (in our case only vacation time can be donated) to an EE in need, subject to the approval b…
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I don't know if MN has a state law about notice for such changes - and I would not be surprised if they did - but a 30 day notice should otherwise be sufficient.
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The next step after losing the job could mean the loss of health insurance, thus impacting the EEs ability to pay medical bills which eventually would lead to a direct impact on the service providers bottom line. Of course, this is business 101, wh…
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We allow the time to be made up in the same pay period and do not count it against the FML allotment. It is at the discretion of the supervisor. If the position is such that the work, appointments, meetings, etc can be made up without impact the j…
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Agree with Don.
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We only allow accruals if the EE is getting paid. So while they are out, using vacation or sick leave or personal days, they are getting paid. When those leave banks are exhausted, no more accruals.
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It is my opinion that most of our EEs will not abuse the FML system. Sure, there are always a few that will prove me wrong, but for the most part, I think our EEs do not study the system and try to put on over on their Dr to help them document a me…
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There are some ways that a grandparent can be qualified. It would be similar to the way a nephew, neice or foster child could create the relationship. How formalized (read how well documented) the relationship needs to be is a question in my mind,…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-25-05 AT 06:33PM (CST)[/font][br][br]I agree with Stephen - the reasonable accomodation portion of ADA should be considered. How would you make any kind of allowance for this? Allow magazines in the…
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I would approve it. Then you get to start the FML clock. Would you have otherwise given the EE some sort of attendance write up or assessed no-fault attendance points? I ask because lots of companies do not rigidly enforce these policies. If tha…
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Hi Franklin, welcome to the forum. You have asked a couple of good questions. The notification of the need is as soon as possible. The ER can ask for a reasonable notification, but must accomodate the emergency. So if you called for 30 days noti…
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Wow!! CA and MI - your company is a glutton for HR punishment.
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Just to add a bit more nit-picking - the over 50 EE rule says they must be within 75 miles - so the CA site would not apply even if the Maine site did (see 825.110 (3)), and second, you must have been over 50 EEs for 20 weeks before the ER must comp…
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There is still some contrary information - if the duration was from some date to the present, one would first think the event was over and the EE is released to work. Then the other shoe is dropped and the Dr states "No" to the EE being able to per…
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The possibilities for favoritism and discrimination are rampant in your company. All you need to have is one Title VII complaint by someone in a protected class and the spotlight will brightly illuminate the problem with inconsistent treatment when…
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Sure, you can advertise and even hire. But if the EE does return, you must reinstate her to the same or equivalent job. So there is your risk - you may have two people for the same job, and one with superior rights to it.
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I agree with Don.
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3/22/05 is the start of this EEs FML eligibility. He or she may have enough sick time, vacation time, etc. to bridge the gap between now and the start of FML. This is one of those situations where the EE may be out more than 12 weeks when other le…
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I agree with the top 10% pay of all employees, but add that it is within a 75 mile radius of the EEs workplace. One of my training books also adds that due to stingent requirements, in the vast majority of cases, Key EEs will be treated just like r…
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He was just about to try out for major league baseball.
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Lots of room for interpretation. As to the 55 hour week, if that is their normal work week, then 12 weeks of 55 hour weeks gets you to the same place. It is still 12 weeks. The rub comes in an intermittent situation. With the 55 hour week person…
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Pork knows his stuff, so I may not be understanding his point of view. Here is a reg reference that might help. Check out 29 CFR 825.205 paragraphs (b) and (d) which state: (b) Where an employee normally works a part-time schedule or variable hou…
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Looks to be some confusion about how much time this person qualifies for. In this case, it looks to be 12 weeks at 3 days per week. She does not get 12 weeks at 5 days per week. Further refinement down to hours may be necessary for intermittent t…
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I think the Gastric Bypass procedure is covered. Even our HMO is now covering these procedures through health insurance, which is a recent change.
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There have been judgements falling on both sides of this issue. Each Federal District may set it's own set of precedents so you may need some help with your district. That said, the last one I remember said something to the effect that the employe…