mushroomHR
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I agree with mwild's response to question one. We do the same as mwild with regards to question two--rolling 12 month period.
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Any information concerning an employee's medical situation should be kept in a separate file from the general employee file. I keep workers' comp., disability forms, drug screens, FMLA, ADA, insurance enrollments, and any document that has to do wi…
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Go to [url]http://www.dol.gov/esa/whd/fmla/[/url] and scroll down. It will tell you that you have the right to collect the premiums from the employee if they do not return to work; but good luck getting it.
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I have the same situation. Our employee ran out of FML back on October and is still out on WC. I was told there is nothing I can do because it is workers' comp. and we have to keep her on the payroll unless she voluntarily quits, which isn't likel…
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We are a manufacturing company and do have random drug testing. We also do pre-employment, for cause, and post accident. Our random tests are done every couple months and take in about 8% of our workforce, hourly and salaried employees. Our testi…
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"Paid by the state" means payments through the Ohio Bureau of Workers' Compensation to whom the company pays annual premiums. Some companies choose to pay the employee wage continuation through the company's payroll rather than have the state make …
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Sorry but I agree that you're stuck with this claim. A similar thing happened at our company and there wasn't anything we could do about the workers' comp. part of it.
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Check with your state's bureau of workers' compensation. The Ohio Bureau provided one for us to use in situations such as you describe.
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We do not pay our employees for the waiting period. We make them wait it out without pay. They can use PTO if they wish.
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Here is Ohio if you fall on your way to or from work on the employer's property it is WC. We've paid many a claim on this issue.
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File it with your workers' comp carrier and let them decide. In Ohio this would more than likely fall under workers' comp.
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I doubt it because the employee was not injured as a result of employment. I would have the employee file it with his insurance carrier and let them decide.
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Our rules are to report immediately; however there are times when something minor happens and the employee thinks it is no big deal such as a sliver, minor cut, etc. Then, in a couple of days they have an infection and it is reported immediately. …
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Thanks for your responses. As I read the regs it states that one of the major life activities is "working". If someone has a condition that prevents them from "working" would they be considered disabled? As I see it almost any condition that make…
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Depending on the length of time she has to serve, would you allow her to use any vacation time to cover the period of time in jail?
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[font size="1" color="#FF0000"]LAST EDITED ON 04-05-04 AT 07:13AM (CST)[/font][br][br]Hatchetman--thanks for your most thorough enlightening response. Don D--this employee is not overweight but he said his doctor told the employee that he will not …
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No, this wasn't a trick question. I agree with what you say however, management in my company thinks I should help out the employee and do whatever is needed to get their claim allowed. They just don't understand that when a claim is allowed it co…
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Thanks James. I think it's a very good idea to combine those sections.
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If this scenario were in my company I would count is as FMLA. I don't think you're missing anything, unless I am as well.
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[font size="1" color="#FF0000"]LAST EDITED ON 10-11-04 AT 01:30PM (CST)[/font][br][br]Intermittent leave to care for a newborn can be taken if the employer agrees to it. If the employer does not agree the leave must be taken all at one time. See 2…
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What is the name of the comic strip, Don?
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I've got the answer. This is from a COBRA publication faxed to me by a COBRA administrator: "Q. Does an employee's failure to pay group health plan premiums while on FMLA leave affect COBRA rights? A. COBRA rights are not affected if an employe…
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OK so you can recoup their premiums when they return to work. Is there a problem with the employer deducting these missed premiums from the employee's paycheck? I know employers aren't supposed to make deductions from an employee's wages so I'm ass…
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Linda: Thanks for your reply. I did a search before posting this question and could not find an answer. I did look in the regs. 29 CFR 825.212 and it does address the fact that you can cancel coverage for someone on FML if their premium is more t…
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OK, so what if I have an employee on intermittent leave and this intermittent leave requires the employee to unexpectedly be checked into the hospital for a couple of days. Do I have the right to ask that employee to bring me a fitness for duty cer…
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OK, I read this but don't quite understand it. Maybe someone who can translate the legalese can tell us what it means. I wasn't aware that FML applies to light duty assignments.
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Here's what we do in our company. We run our STD and FML concurrently. We keep our employees on the payroll for the entire 26 weeks with full benefits. They are responsible for their healthcare premium contributions during this time. At the end …
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Thank you Don D. I always thought once the FML had been determined and approved it was the responsibility of the employeE to inform the employeR that their absence is for FML purposes. I didn't think the employer was responsible for following up w…
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Thanks all. I think the term "babysitter" should be in all of our job descriptions. Don't know about you, but I'm tired of being one.
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I believe FML allows for "psychological comfort" of an immediate family member as well. Having gone through the nursing home thing with my own mother, these residents need all the psychological comfort they can get. Being in a nursing home isn't e…