marc
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I would not pay the holiday. Other benefits require EE to participate at certain levels. Health Insurance is an example. If the Co requires the EE to pay a portion of the premium to qualify for the benefit, the EE is not relieved of his/her respo…
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As you can see by his post, Don knows this area very well. I would not add anything but I am interested in your comments about not allowing her to use personal time because of all the tardiness. In our shop, we require the EE to utilize all leave …
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That is an issue. Once you have strayed from relying on documented relationships to relying on your judgement, you have weakened the policy. The next EE that comes in with a strong relationship issue will expect and perhaps deserve the same treatm…
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I believe each state has it's own document that officially "awards" custody. This sounds more like an informal arrangement of which there may be no documentation to support a legal claim. Their standing could also be recognized in court proceeding…
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Shhhhhh!!!:-S So far the M in FMLA stands for Medical, not Marriage. If you talk about this too loud during an election year, Hillary will use it as part of her campaign platform, unseat Kerry as the apparent democratic nominee and then tell all o…
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Assuming an 8 hour day, M-F workweek, your second example would utilize 6 days, or 48 hours of a 480 hour FML bank. Using the same assumptions, your first example is 43 days of leave or 344 hours of FML bank. The examples are fairly straight-forwa…
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I am not sure what you are asking about. Is your company subject to the FMLA or are you asking about some Illinois law regarding maternity leave? If it is the Illinois law, I do not know the answer. If it is FML, then your company policy will det…
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Rockie, you asked for advice from the wise, but until some of them show up, I will take a shot at it. In our shop, we do have a couple of exempt positions that are based on 3/4 full time. These EEs only qualify for 360 hours of FMLA leave. We tra…
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Requesting recertification starts a 15 day clock, but, as Don D said, if it is not in writing, you do not have good proof that you made the request. An certified letter, return receipt is great evidence that you made the request and established a d…
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A person's parents are included in the definition of immediate family and therefor meet one of the criteria established for an EE to qualify for FML. Secondly, the EE need NOT be the primary caregiver to qualify for FML. EEs are eligible even if t…
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Thanks for the clarification. And even specific regs referenced. You are the best.
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I hear what you are saying and your caution about open-ended certifications is a good heads-up. My reading of the re-certification issue is that the ER can request it every 30 days. Is it different for intermittent leave? Our company has only had…
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No, I did not overlook the reference to intermittent, but I was not too clear with that bit about additional leave. Of course intermittent leave, by it's very nature may not have a specif end date so an EE request for additional leave isn't likely,…
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Recertification is at the employers option and can be required every 30 days or in the event of a dramatic change in the condition (better or worse), or in the event additional leave is requested. Now that another year has passed, your EE is elig…
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I think the others have covered it. But you might slip this EE a word to the wise and have him get a bit more proactive with his doctor about future absences. A bit of planning and communication would go a long ways toward knowing the FML covered …
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James is onto it. If you are taking no adverse action against the EE for violating attendance policies, you are really only hurting the company because you are waiting additional days to start the FML clock running on the 12 weeks of leave. Not st…
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No, once certified, the ER can only get recertification every 30 days unless: 1. The situation dramatically changes for the better or worse, 2. The EE requests and extension of the leave, or 3. The original certification is called into question. …
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I would get him on the phone and go over the FML letter indicating his job was protected for the 12 weeks. I would make sure he understood that part of the letter. Then I would ask him to discontinue the frequent calls to check on his job. Then m…
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It would not even be a question in our shop. We would advise this EE that the FMLA covers her for this kind of absence and to not make a hasty decision regarding resignation. Can you even imagine what she is going through? This is a time for the …
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I am confused. First, you stated the EE was changed to non-exempt and sited overtime being paid. Then you said, the EE was still exempt. Was time and a half paid? Exempt or non-exempt status has to do with the job description, not the person. I…
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You mention lay-offs. I take it to mean there are more than one and that the documentation you mention would cover multiple personnel. Further, are you just eliminating her position in a particular department or more than just her in the departmen…
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The comp time issue has me bugged. Is this an exempt EE or are you paying her by the hour? If management is willing to let her take off whenever she feels she needs to, you are setting yourself up for a workforce that will expect to be treated the…
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Sheri, I just noticed your follow up - sorry for the delay in the response. I think you have it right. The continuity of service clause impact benefits - it is as though the EE did not leave. And it is the same with seniority - which means the da…
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Sherri, for FMLA purposes, you should not be deducting leave time to calculate seniority because the ER is required to count the leave time as continuous service. This is particularly important in situations where the vesting schedule of a pension …
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You will probably find some different takes on this. In our shop, we only accrue leaves if the EE is getting paid. When sick and vacation time has expired, and the EE is still on FML, then we no longer accrue.
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Back in the day, my wife and I took these classes in the evenings. They weren't even offered during the day. I would be greatly surprised if they weren't available during off work times.
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Have his provider fill out the medical certification paperwork and take medical diagnosis responsibility out of your hands. Some surgeries that would appear to be cosmetic can be determined to be medically necessary and therefore qualify for FML. …
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She is forcing the "meddling" by playing games with attendance. The hours the chiropractor does business should not be a big mystery. Perhaps the gamesmanship associated with upcoming litigation goes deeper than we have anticipated. Does the auto…
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Sounds like this EE needs to cooperate more than you are getting. I can understand an occasional late appointment but I would bet that earlier appointments are available, if not from this chiropractor, then another could probably accomodate. Set s…
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Agree that this illness qualifies for FML. The doctor will make the call with respect to how the time off needs to be structured. You don't make the diagnosis, nor does the EE. Rely on the medical certification paperwork to guide you. You can as…