marc
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I don't know any of the detail regarding Californias PFL, but if you granted it subject to, what would happen if you quit paying? Perhaps she would get off her duff and get it done, then you could "catch up" the payments and be done with her.
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When you granted the extension, was it in writing? If so, was it until 1/26 or did you specifiy the medical release as an event which determined the new release date? Assuming you did not specifiy the medical release as the determining factor, see…
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I don't know of such a website, but the information is probably out there somewhere. Since WC is governed differently be each state, perhaps the list you are looking for is different for each state. I would contact my WC carrier and/or my Insuranc…
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More information please. Settlements infer some sort of lawsuit. Do you mean awards from WC? Like a diagnosis of % of disability up to 100% and a different schedule for a left hand vs a right hand and that sort of thing?
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The same thing happened here - two EEs on the same morning. In our lot, it is covered. The agent indicated it was not be covered if it was a third party lot, even if they were coming into or leaving work.
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FMLA is for EEs intending to return to work. The company has some obligations to notify all EEs about FML - we have it right in our handbook. We go a step further though and make sure the EE understands the Act in situations where they would other…
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Assuming the EE has worked 1250 hours in the last 12 months and you have 50 EEs within a 75 mile radius, the salesman qualifies. Yes, you would have to offer him his position back if he is ready to return after the 12 weeks. The FMLA was designed …
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If I read your post devoid of any reference to pregnancy, I would tell you to just administer your policy with respect to absenteeism. Treat her like you would any similarly situated EE. You get into trouble when you begin to treat a pregnant EE d…
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[url]http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.204.htm[/url] Check out the address above for specific information regarding your issue. I think your actions are OK, during the leave. After the leave is over, you may need to rei…
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The FML is meant to protect people who intend to return to work. Doing all of this under the guise of complying with FML does set the precedent about which Rockie warned you. Your company is doing a nice thing for this lady, why not try to structu…
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Yes, use the normal forms. If it comes back in mandarin or one of the other thousands of dialects, you may need to take it to your local university of find some other translation service to interpret it. Even here in Reno, NV, we have several opti…
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Make sure the medical service provider gets as specific as possible regarding the nature of the intermittent leave. Frequency considerations and how long the need for intermittent leave will last. This can save you lots of headaches (not the FML k…
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It makes good, common sense to keep the onus on the EE. He has played the medical condition card, now make him back it up with evidence from his Doctor. By making the EE aware of your reasonable expectations you keep the pressure on him for the so…
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Another potential plug for the loophole is to get a second opinion. If you suspect one of your chronic abusers is going over the top, get the second opinion at your expense. If there is a disagreement, the third opinion settles it, again at your e…
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Requesting intermittent FML ahead of time for colds or something just does not fly - because the underlying identified condition, "a cold or something," does not qualify.
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A lot of this depends on the company's perspective. Will she be getting into trouble based on your attendance policies? If so, that is one of the things for which the FMLA is supposed to provide protection. In the case of a difficult pregnancy,…
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[url]http://www.dol.gov/dol/topic/benefits-leave/fmla.htm[/url] Work your way through to 29CFR 825.509 h) An employee's entitlement to benefits other than group health benefits during a period of FMLA leave (e.g., holiday pay) is to be determi…
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We don't pay for the holidays because our policy states you have to be on paid leave the day before and the day after a holiday to be paid for it. We also do not count the Holiday as a part of the 480 hours the EE gets as FML.
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That is my understanding.
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In the regulations, check out 29 CFR 825.113. The family members covered are listed. Siblings are not included in the listing. This is also the place where it talks about "in loco parentis" which would allow any person in that position to care fo…
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The sister part does not qualify unless she is appointed as legal guardian.
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Good reference Popeye. It is always good to go to the source. In this case, 3 weeks of sick and vacation will put him into January, but we don't know if it crosses his anniversary date. In our shop, if the EE is in good standing, he/she can app…
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I say allow it, so no attendance policy violations, and start the clock. As another poster said, there is likely some follow-up with this condition - and it would also qualify - and the clock runs again.
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Bottom line is that the ER designates the leave as FML. Usually we like to have the paperwork from the service provider to back up our decision, but if the certifications are not forthcoming, you can make a provisional call as FML leave, contingent…
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Ditto to SMace. I designate the leave as contingent upon FML and run the leave banks concurrent. With or without the medical certification, it is still the ERs job to officially designate the leave. If the EE wants to fight the decision, he/she c…
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FML is supposed to protect the eligible EEs job during those designated times. "Saving" FML indicates the EE in question is not worried about losing their job or has vacation and sick time to cover the absence(s) in question. If your attendance po…
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Seems like the extension is now a fait accompli. There are some good reasons to hold the line with respect to preventing abuse of FML, but this EE could have easily requested 12 weeks instead of 4. Anyone who has a newborn in the house can tell yo…
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As I see it, part of your difficulty lies in the fact that the nephew knows what it going on and he is part of management. From the EEs perspective, he has informed management. That puts the burden of knowledge on the company in my opinion. ADA…
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Does it have a material impact on anything with respect to progressive discipline or attendance awards? I like to look at overall impact before deciding, but as a rule of thumb, as an employer, I like to get the clock running.
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Stephen makes a good point. The only follow up I would add is that just because an EE makes a claim of a potential ADA issue does not make it so. If the EE persists, make them document the condition before engaging in the interactive process to di…