morrisg
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Contact of with the physician: The FMLA says, as an employer you may not contact an employee's physician directly. The only exception is with the employee’s permission, (I would get it in writing) to contact the physician for clarification and veri…
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Sorry for getting back so late with you, but your answer was most helpful. I went back and did a 12 week look back of the hours worked prior to the leave. Several employees worked more than 480 hours. For example one worked 638 hours for the pr…
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Absolutely, it's rolling. I've met very few who don't use this method.
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Yes, I think you are right. I should have never approved this in the first place or at least I should have given him provisional approval pending further information from the doctor. However, with these unpredictable flare-ups I'm not sure what …
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Thanks to all of you for your comments and thoughts. I found the very conservative approach interesting. James has told us the only reason he was doing this was to avoid points. Thus, in my view, and for that matter the FMLA where abuse is susp…
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Thanks for all of you that have commented. My primary probem with this is that the doctor has no treatment plan for this employee and that leaving at will where the doctor has specified no dates only opens the flood gates up for other employees in …
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Good advice from you and Don. Thanks for taking the time to offer your thoughts. The DOL referred to your employee as a client! What happen to objective and unbiased investigations hah!
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When the leave is forseeable they must return it before going on leave, failure to do so means no FMLA. If the leave is not foreseable, you must allow the employee at least 15 days after the request for leave to provide the certification. If an …
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Thanks for the response. You've confirmed my understanding as well as made a good point that ever complaint must be evaluated within the context of a prudent perspective.
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Theresa is correct, but most policies that I am familiar with run FMLA and paid time off concurrent just to avoid the type of problem you are describing. If you don't have this type of policy, I would suggest you implement one, else you could ha…
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There's a basic principle here, employers do not need the permission of their employees to be placed on FMLA (Havender v. Norton 4 WH Cases 2d 560 (N.D.N.Y. 1997) We often unilaterally place our employees on FMLA, the key here is to notify them th…
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Why would you not require the employee to provide you with medical evidence that his intermittent leave is a required medical condition? If he can't provide that to you then I would not excuse his leave under FMLA. If the physician says, "sure he …
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Nope, no provision on this. What I was wondering is there any federal statue that may require this.
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Thank you, for your correction. It's certainly permissible to ask an applicant, after the employer has explained the essential job duties, if they can perform these functions with or without reasonable accommodation. This indeed would be before a…
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You make an offer contingent on passing the physical exam and/or physical capacities test. The physician needs to have a job or task description outlining what the physical requirements of the job are. We use an outside service to do this for us b…
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The ADA permits, after making a bona fide offer of employment, for you to explain to the potential employee the essential functions of the job and then ask the if they can do these functions with our without reasonable accommodation. For example,…
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I assume you labor contract has a requirement to pay severance pay. If it's not included as part of the negotiated labor contract, then it is not considered a right or provision under your labor agreement. If you are in contract negotiations it wo…
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Down-the-Middle You make good points. I especially like you mentioning the risks associated with false claims. I think that comment was the "nail in the coffin" for me to not take this any further. There really is no real benefit to us when weig…
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Marc, I am so glad the posting got to you. Holding onto your guilt for all this time cannot be good for you. I really feel your pain. Nevertheless, I will need to report you!
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Thank you for your response. Your answer certainly addresses many of the concerns associated with a "blanket" cover all program. You also address well some of the concerns Gillian3 had.
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Thanks for your well thought out comments. Your points are good ones and well made.
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That's the beauty of the WorkKeys. Part of thier traing is to come in and do test validation as part of the process. It cost us $1,000 to validate our math module through Lawson College.
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We use a test developed by the same folks who developd the ACT called "Workkeys." It has to be administered by a certified person, but they can generally be found at any college including 2 year colleges. You could also be certified yourself. It h…
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We manufuacturing laminated roofing. The process involves mutilple transport systems, and hydralic packaging systems.
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Thanks Gene, I just went to thier web site and submited some details and questions.
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Thanks for your response. I assume that COBRA rates would be too much for most strike funds, but I guess I have been in management too long and as a result naive about strike funds.
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Thanks for taking the time to write such a detailed response. (that's a compliment) It certainly looks as though JobPoint has been a great help to you. I went on thier website today and signed up for the trial. I also called and spoke to one of t…
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I think the issue here is "reasonable accommodation." as long as your employee satisfies the skill, experience, education, and other job-related requirements of the position, and an perform the primary job tasks of the new position, with or without…
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Thank you. You make an excellent point concerning the medical review. That's something we certainly do not want to get into doing.
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Thanks, for your advice. I figured my obligation would not change, but it never hurts to hope.