marc
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How many employees do you have? How many weeks after FMLA expires do you hold their position (if any)? If no position is held open, do you guarantee employment into any open position within the company when the employee is able to return to wo…
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Rockie has added an important point. The employer can require it to be consecutive weeks for bonding with the child. A medical service provider can set the table for the intermittent leave, and that can apply to taking care of an infant, but then …
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It is not the EE's choice, it is the employer's choice. You do not have to run FML concurrent with vacation time, but many employers do. Don D has made the good points, I especially like the one about avoiding inconsistent treatment. You know, le…
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It's a two pronged test. The year of employment includes all the kinds of time, the 1250 hours test only includes the actual hours worked.
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The 1250 hours test pertains to actual time worked, so paid vacation, leave and other time not literally spent "at work" do not count.
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A recent thread covered this exact question. Hit the search button and you will find lots of good input about this.
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It is the Company's call whether or not the FML runs concurrent with the use of leave banks. This is a policy the company must follow consistently with all EEs. It cannot selectively require one EE to use the banks concurrently but treat it differ…
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I cannot speak to the laws in the State of MA that may require additional FML type accomodations, but with respect to the FMLA, you are describing an intermittent leave situation. It sounds like your Brother In-Law is eligible for FML and that th…
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I agree with Whatever in that you need more information. Know that "care" is loosely defined under the FMLA. It includes traditional meanings such as providing medical or hygenic care, or transporting the family member to and from the hospital, et…
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You have received good input from Don, the FML time is a "burden" placed on the Employer. The Employer is responsible for designating an event as FML eligible and can do so with or without the medical certification. This is not a choice of the e…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-11-04 AT 02:58PM (CST)[/font][br][br]We have redistributed this EEs case load, and have made the personal contacts you suggested. Luckily, our overall relationship with the agencies involved, the cou…
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You are right. And I need to keep breathing, in and out, walk around the building a few times and hope that my feeble brain can focus sufficiently to keep us out of the HR hot water. Learning through experience is one of the better ways for th…
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Right Sonny, this was in normal course, and two other CM's were written up during the same audit. Subsequent to my original post, we have another parent complain that their daughter was left "hanging" and refused to let the juvenile justice departm…
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Thanks for the quick feedback Don. I was also confused by the term termporaral proximity when I first heard it used by counsel. When questioned, he indicated it meant how close the performance issues were to the possible FML event with respect to …
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Has the question morphed from caring for a minor child after childbirth to an adult child after childbirth? I admit I am getting confused. The minor child issue question is very straightforward and has been covered. Is the incapacity of the a…
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That is the sort of inconsistency that can lead to writing some big checks at the direction of our civil justice system. It doesn't have to be fair, but it should be consistent.
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I am a bit curious about your comment that the EE still has accrued leave on the books. Does that mean they had more than 12 weeks of paid leave at the time they went on FML? If so, I am amazed! This must be a very long term employee and you have…
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If the leave-qualifying situation is unforseen, the EE should notify the company as soon as possible. It is generally expected that at the very latest the company will be informed within one or two business days of the leave-qualifying event. Even…
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Yes.
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Exempt EEs are assumed to have met the 1250 hour requirement if they have worked steadily over the past 12 months. The problem arises if the exempt EE has not had steady service, then you must determine what the regular work week looks like. Keep …
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[font size="1" color="#FF0000"]LAST EDITED ON 01-21-04 AT 06:36PM (CST)[/font][br][br]I think one of the noises is northern hemisphere and the other is southern hemisphere.x;-) And just to be clear by hemisphere's I mean geography.
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Add my name to those that request you not post in all caps. It is the evuivalent of SHOUTING. Indoor voices please. I recall the stories about women in third world countries who would work right up to delivery. When it was time, they would walk …
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Rockie is correct, absent state law that may have more generous terms and any additions from a union contract, the Employer picks when the year starts. I cannot imagine any of the above allowing the EE to pick whatever year and change their mind la…
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Thanks Don. As my grandad used to say, "Even a blind squirrel finds an acorn once in a while."
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If both spouses are eligible for the FML, each may take the full 12 weeks if the leave is for one of the following reasons: 1. to care for the other (seriously ill) spouse, 2. to care for a seriously ill child, or 3. for his/her own serious heal…
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This is an interesting scenario. FML requires a 30 day notice which you are obviosuly getting, however the ER can require the EE to make every effort to schedule medical appointments, treatments, etc, so that the EE impacts the company as little as…
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This topic has come up more than once. To my recollection, there is a split of opinions as to whether or not an EE can "make up" FML hours. Some say that the made up hours only mean no pay is lost while others disagree saying that because the EE w…
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Sounds like you are on track with the FML aspects, though the insurance piece always makes me nervous. I know they are supposed to continue paying just like they were still working, but it also says Health Insurance is to be maintained. You are pr…
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Not only that, but I think the Act reads that the EE has 15 days to come up with the Recertification once you have notified in writing.
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Don D has expressed a good way to look at it. And by the way, if you put someone on leave, they are then still an employee and counting time towards the one year FMLA requirement, assuming they have crossed the 1250 hour threshhold. Also, allow…