marc
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I don't know what I was thinking.#-o Whew, my cynicism is now firmly back in place.
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Your instincts were tuned in on this one. I think the interactive process you described really bolsters your case, especially when you document the EEs statement about getting another statement from the Dr. that would then make it OK. I also pictu…
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Often the Right (meaning truth and justice)response is not the one that will guide the legal analysis. I would bet the lawyer types will say, give them the leave, the cost of litigation & exposure to the company greatly outweight the benefit th…
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It is often difficult upon first post reading to determine when Don is pulling your leg and when he isn't. Mwild, I think you should have felt a definite tug on this one. Wow, the A list - you have been honored again.
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[font size="1" color="#FF0000"]LAST EDITED ON 11-11-03 AT 02:32PM (CST)[/font][br][br]Hi Dixie, Welcome to the forum. If you carefully read Don's original post and the several follow-up comments about this situation, you will note a belief that th…
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Could he not qualify for FML to bond with the 8 month old? It is my understanding the parent can do so during the first 12 months of the child's life. That being said, I respect your instincts, and regardless of the outcome, you very likely have t…
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Robin, I am not sure I can give you a great answer, but I would ask some big picture questions regarding the intent of the FMLA. If it is indeed to protect employment while staff are out for the qualified reasons, and the staff has no intention of …
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Agree with above, if as HRSage says, it is just terminology, don't worry about it. If it is disciplinary in nature, then you are getting on some thin ice and could be setting yourself up for some issues that look like retaliation for FML claims.
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I would have a problem making the call without the certificate. No matter how obvious it seems that a situation should be covered for FML, how about the situation that is not obvious - except now you have a precedent established about substituting …
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Perhaps another doctor can do it cheaper, but be careful about making these calls without the medical cert. You will set yourself up for consistency and favoratism issues.
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I think I get your point Mwild, except we don't add all of those times together, we force the concurrent use of all time banks as FML is used - trying to avoid the double dipping you describe. I can see the logic, however, in counting the FML time …
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We allow the flexing and do not count it as FML. Our theory aligns with the concept that if banked time was used, we count the FML time, or if the ee was out of time off banks, and also did not work the full 40 hours week, we count the FML time. A…
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Linda has a good approach. As insidious as migraines can be, the medical profession has lots of new ways to treat them. It seem the pharmaceutical (sp?) companies have all discovered what a gold mine Imitrex is and are getting competing products on…
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It looks like my confusion arises from the differences between a 3 day incapacitation and the chronic serious health condition. I read the article as linking the two so that a chronic serious health condition under the FMLA could not happen unless t…
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Migraines may be covered, I just used them as an example. The judge has said without 3 full consecutive days of incapacity, there is no serious health condition. I used to believe that the serious health condition facet of the FMLA was a stand alo…
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When our ees are out for FMLA purposes, we require them to utilize all available leave time whether it is vacation, sick, or personal. You should write a policy about how time is utilized for FMLA purposes if you do not have one.
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I have a little different take on this. When you were notified by the wife of the pneumonia, idi you follow up with advising the ee of his FMLA rights? It seems to me that you had notice of a possible serious health condition that should have trig…
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When you say due back on the 15th, is that the time the ee or his doctor projected he/she would be back or is that when the 12 weeks are up? We contact the ee a couple of weeks before their projected return time to determine if they are still on tr…
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This looked like the qualifying diagnosis of the event. The ee was not able to work due to being placed in the 3 day program due to the alcoholism. I agree that the ee should have called in ahead of time and that looking for the vacation approval …
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Assuming the ee was eligible (1250 hours and one year of service), then it probably is FMLA protected time. You probably should still write her up, and she is supposed to give you reasonable notice of planned events, but I do not think you could te…
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I did a real quick search through some basic IRS regs and did not find any reference. I will readily admit to this search being a quick skim - in depth research may yield other results. I hate to say it, but you can call the IRS for some free info…
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I don't remember ever seeing any specific FMLA rules regarding this issue. It sounds like a company policy.
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I also worry about the pregnancy discrimination issue, perhaps more than the FMLA situation. And just to complicate matters a bit, have you overlooked the 1250 hour threshhold for other employees? That may pose a bit of a consistent treatment issu…
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Look at this situation similar to "break in service" rules around pension and profit sharing plans. If the ee was eligible based on the hours worked, I think you are stuck.
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Hi Linda, Yes, I would like to see your spreadsheet and points system. Please forward it to my email when you get a chance. [email]mnicolet@childrenscabinet.org[/email] Thanks for your help. Marc
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As usual, you recommend a wise course.
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[font size="1" color="#FF0000"]LAST EDITED ON 09-17-03 AT 04:11PM (CST)[/font][p]I think moonlighting is fine, but I get a bit peeved when I am holding a position open for an ee, and maybe paying a temp or spreading the work to other overworked staf…
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It is my understanding that an ee can work for another company while on FMLA unless your FMLA policy prohibits it. I read that in a recent labor law letter, but do not have a sample policy for referral.
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Hi SMace, Sorry this took so long to get to. I got this information from an FMLA training a couple of years ago put on by a local labor lawyer. Here are some quotes and references. For the three day rule: A serious health condition is an illnes…
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I do not think you can retro the FMLA. Do your records indicate if there were three successive days of being off for Migraines? Did you have a doctors diagnosis. Migraines may qualify for FMLA, but they may not. Go through the details with repec…