marc
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Comments
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It would be an interesting test to see which would prevail if you terminated her for filing a fraudulent unemployment claim while she is still on FML. What was she thinking - surely she knew the company would be contacted regarding any UI claim?
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Wow, the works are really bolloxed up! Lots of times, my intuition can guide me to an answer - like this example with FML and Unemployment, one would think that since unemployment is for those that are ready, willing and able to work (OK, so I am n…
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If I remember correctly, to get unemployment you must be ready, willing, and able to obtain other work. Having a medical disability would disqualify. I am not the expert, but that is my opinion.
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Require the proof.
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Don is right, if she fits the definition of key EE. If not, and the position has not been filled while out pre-FML, then filling the position when she is qualified for FML would be a problem. Once FML is in play, all the provisions apply, includin…
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It's the Dilbert strip. Wally is the guy getting the various surgeries. Too funny! This is the same strip that has Catbert - the Evil HR Director. Some very funny stuff.
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The regs do allow it for children who are wards. It does not seem to be much of a stretch to include a curator, although I am not sure what that means in a legal capacity. I don't think you are going to get a black and white answer for this one. …
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12 weeks of their normal work week is the way I calculate the target. If their normal work week is 32 hours, then 12 weeks times 32 is 384 hours. I only use the 384 if intermittent leave is used. Inversely, if the normal work week is 42 hours, …
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As Don is pointing out, the devil is in the details. Job elimination is a valid reason not to bring an EE back, but if the facts lay out the way Don illustrated, you have some back-pedaling to do.
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I am fully sold as to the EEs level of responsibility. I do think there are times when none of us would think clearly about the ins and outs of the various leave categories that might be impacted. To me, dealing with a dying father is one of those…
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This one gets me. An EE's father is dying. He is at his side helping to tie things up and the advice I see is to terminate him for a no-call, no show? This seems to be a time to find ways to help him through a difficult time, not a time to look f…
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I disagree. There are provisions under 29 CFR 825.112 that may require adoptive or foster parents to be treated differently than biological parents. Here is the language from the DOL site. "d) Employers covered by FMLA are required to grant FML…
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I agree with Rocky, however, in the case of bonding with the child, FML does allow the company to designate that all the leave must be taken as one block of time. Adoption or Foster situations have some requirements on the front end that call for i…
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We allow the leave to be intermittent. One of the differences with adoption or foster care is that there are plenty of beaurocratic hoops to jump through before the child is actually placed. These events do not happen nicely, all in a row so that …
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Sounds to me like you have covered your bases.
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I don't think it is unusual for a Dr. to amend an estimation of the amount of time off needed after a surgical procedure. They estimate these things up front, but each individual may respond differently to even a routine procedure. If the extra ti…
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Why not require a copy of the birth certificate to prove the case. The insurance company will need it anyway if the dad takes out dependent coverage for the child. I don't think certification is required in this case and I also don't believe that …
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Rockie has a sound read on this, but I would want to know if you have Leave of Absence policies that might apply. In our shop, we allow EEs to request up to 90 days LOA and we also say we will "try" to hold the job. If you have a similar policy a…
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While having Wisdom teeth removed qualifies as serious (just ask anyone who has been through it), it does not qualify as continuous. This would be more like the flu or some other stomach virus in my opinion. Unless there are complications that cau…
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There is a real straight-forward solution to your manager's dilemma, he just needs congress or perhaps the Supreme Court to repeal the FMLA law. Holding you accountable for administering the FMLA is just like him being mad at you for having to pay …
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[font size="1" color="#FF0000"]LAST EDITED ON 08-04-04 AT 12:15PM (CST)[/font][br][br]I think you are reading it correctly. Even though the Act defines Parents and Children in the biological sense or the "in loco parentis" sense, the combined 12 we…
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It is not the drugs per se, it is the resulting medical condition that might require the spouses help.
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If the treating physician indicates the spouse is needed to care for the addict during recovery treatment, then you have an FML event. In my opinion, this would be unusual, but the Doctors seem to find a way to fit lots of things under the FML umb…
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Down the Middle, are you sure you are not in the 9th district? Your judge sounds like he/she is bucking for a transfer to the West.x}>
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Our request for time off form has a box for the EE to check if they think it is FML related. The point is, that the EE has some responsibility in these scenarios just like the company does. If the EE does not follow through, they run afoul of the …
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If this is only an FML situation, you can terminate. I would have a bit of concern that an injury that does not heal may become an ADA issue, but that is difficult to tell with the information presented.
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What would be wrong with labeling the incapacitated EE's condition as qualifying for FML treatment pending receipt of paperwork. Even with a certification, it is still up to the Employer to make the call. Get the clock started. If the EE recovers…
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[font size="1" color="#FF0000"]LAST EDITED ON 07-15-04 AT 03:07PM (CST)[/font][br][br]Has her doctor filled out the paper work that designates her headaches as FML qualified? If I remember correctly, migraines may be FML, but it is not a slam dunk,…
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In my opinion, you should document the new reasoning with the required paperwork. The new condition has different parameters and conditions, including the need for an additional 30 days.
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The above posters are correct. We have a situation where an EE has received the usual doctors note regarding estimated length of absence. The EE has been unable to meet the estimated return date and the doctor has given a new estimated return date…