marc
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Yes, it can be FML, but that may not have any impact on how he gets paid. FML by itself, is not paid leave, it is job protection. In our shop, we require the concurrent use of all leave banks while the EE is out on FML. Once the banks are exhaust…
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Not after 12 weeks, unless you have a policy that allows more time, or unless the state of Texas does. Either way, the federal FML protection is over. This assumes you have given proper front-end notice of FML which started the clock ticking.
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Not only can you pay for a second opinion, you can require a recertification every 30 days from the original doctor. You can also require a recertification if the situation has dramatically changed from original, such as the illness to a significan…
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Don is on target. What would be the point of a 45 day notice while on FML? The only benefit I can see has to do with the requirement to maintain health insurance, but the whole reason for FML is to give the EE a job to come back to. She obviously…
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Mrs Bowden, Popeye answered, but if you are still uncertain, the EE still is getting 12 weeks, it is just 12 weeks of their normal schedule. So if normal schedule was 30 hours per week, the get 12 weeks of the 30 hour weeks, or 360 hours. Do not m…
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You mentioned having EEs that do not work an 8 hour day. If that translates to less than a 40 hour week, their 480 hours should also be adjusted. If the EE only works a 30 hour week, then they would only get 360 hours of leave (12 x 30 = 360). Ma…
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If you cannot put them back in the exact job, it must be equivalent. That has a deeper meaning than just the paycheck. A longer commute would not be equivalent, a different company may not be equivalent either - there could be less chance of advan…
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I think you need to keep it confidential. It is the EEs confidential information to share or not, not yours. This reminds me of an old saw: "I can keep a secret, it is all of the people I tell that cannot." Do not disclose.
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Lots of different questions here. First, what does your leave of absence policy state? You mention it is like FML, but does it address things like saving the job? Part of your guidance would be to treat her in a manner consistent with the way you…
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Its a good question. Raises and bonuses that are discretionary, need not be given to the EE on FML. Pay adjustments that are not, such as cost-of-living increases, shall be given to the EE. In my opinion, the question has to do with whether or …
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The worker of FML must be returned to the same or an equivalent position. The test to apply in the circumstances you describe have to do with whether or not a different shift is considered equivalent. The idea of equivalency is vital. The equiv…
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Margaret, I get the idea of consistency from every employee returning from leave. Is it a problem if you only make it take effect for more than a one day sick leave absence or in the event EEs are on a PIP for absenteesim and tardiness?
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Not to me.
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"Since you are not actually working, you do not accrue benefits during your time on leave. This includes seniority, vacation time and sick time. Conversely, you cannot lose or forfeit any benefits by going on leave - you will return with exactly t…
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I understand your reasoning. Do you actually issue them a check? Does that also mean they accrue some tiny piece of vacation and sick leave for that day? Do you think it makes a difference if your companies policy says you must have worked the da…
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Good points Don, but I am curious about your statement that most people get a paid holiday while on FML. Are you referring to the tandem use of leave banks while FML is running?
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Good opportunity for a judgment call here. Obviously a couple of ways to go. The FMLA says you must return to the same or equivalent job and pay. It also says you cannot penalize with respect to benefits they would have gotten anyway. I am not s…
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FML could be used to take care of a special needs baby, but if the FML has expired, you would not have to extend additional benefits. ADA is meant for the EE, not for his/her family. If you have any special leave categories, such as a catasrophic …
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I think you should notify the EE that effective immediately, these episodes are considered FML qualified. Then start the clock. The longer you wait, the longer it will be before the 12 weeks runs.
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We require them to use all of their time banks concurrent with FML. Run the banks down to zero if that is necessary. In our case, the disability payments are separate, between the EE and the Insurance Carrier. The carrier asks their last day of w…
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We do not budge on the anniversary date either, but we do have a leave of absence policy that has been used to bridge the gap. The ee has to pay all insurance etc. until the FML kicks in, but it has worked in a couple of those near anniversary situ…
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She should not have to apply for anything. The act requires return to the job or one that is equivalent in all respects. The company is just not doing that. You still have not answered why there was no other position open. What happened to the j…
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Hi Kathryn, Welcome to the forum. Your question addresses one of the three basic guarantees of the FMLA. When you return from leave, you must be reinstated to the same position, or one equivalent to it in all respects. Your company is not meetin…
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Drawing lines is difficult - and some companies will go further than the law requires. This always brings in the consistency issues about doing the same for all of the EEs, not just the bosses favorite. As Don correctly pointed out, the over 18 …
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Irene asked a good question. Seems like the check-up not corresponding to the expected return to work is just scheduling. Nothing says she cannot return to work before the check-up. Give her time off for that appointment, but it seems reasonable …
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One of the legal beagles I spoke with regarding cosmetic surgery said that it does not qualify on it's face (pun intended), but that the medical profession was getting very good at coming up with other serious health related reasons, including menta…
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A company can elect to go beyond the FMLA requirements. The pros are easy, they are all about employee relationships and placing value on the EEs. The cons are much more focused on the companies bottom line. There are both real and hidden costs a…
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If she does not supply you with the necessary FML paperwork, will your disciplinary policies kick in? If she is out of leave time, what would you do if this were not an FML event? Since the FMLA seeks to prevent you from applying punitive measures…
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We had an interesting discussion regarding this very topic a few days ago. You should do a search for intermittent leave and check out the comments. We currently allow EEs to make up time and not charge FMLA, but that is not necessarily a good pra…
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Agree with Popeye.