mushroomHR
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Thanks Don. I thought that's what I should do.
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It is almost impossible to control intermittent leave, and yes, it is ripe for abuse. Whenever someone has been certified for intermittment leave all they have to do is call in or leave and state it is for their FML reason and they can take off the…
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I did give this employee a firm date to have the cert back; the date being 6/2. Haven't heard a word from her. On the original cert. in 5.c. the doctor states that the employee "will be incapacitated from time to time with acute exacerbation". Th…
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Don: Thanks for the very helpful information. I hope they won't both be absent for 12 weeks.
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If each is entitled to 12 weeks would they need to have two separate certification forms completed by the doctor? I'm thinking they would.
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If this were an employee in my company I would treat it like FML and not attendance. We have a point-based attendance policy and if I counted it as attendance the employee would be getting points and possibly fired. (Also, management wouldn't be h…
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Do a Google search for "Miller v. Defiance Metal Products, Inc." and you will see that I am correct. Use this link: [url]http://www.twc.state.tx.us/news/efte/j_hours_worked_and_the_fmla.html[/url] They state that the time the employee was employe…
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Refer to "Miller v. Defiance Metal Products, Inc." as well as 29CFR 825.106 (d). A employer and a temporary agency are "joint employers" in determining the time an employee has worked to qualify for FML--unless I'm interpreting this incorrectly. H…
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Yes, the time a temporary employee (although they are an agency temporary employee) has spent working in your facility should be counted towards their required service for FML purposes. You would consider them just as you would an employee who had b…
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I know that you don't have to qualify under ADA to get FML, however, a recovering alcoholic is covered under ADA whereas an illegal substance abuser is not. How could illegal drug use be covered under ADA and/or FML if an employer can terminate an …
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Three days can include the weekend. As long as the doctor certifies it is FML.
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I have encountered this as well and am wondering if the person does not submit the required paperwork because of the fee, can the employer simply say it is not FML because they have no certification and discharge the employee for attendance? Severa…
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If your policy says it can, then it can. It is permissible to run all PTO concurrent with FML.
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What does your policy say? An employee does not choose to use or not use FML. If they qualify for FML you count is as FML. Vacation and FML can run concurrent depending on your policy.
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[font size="1" color="#FF0000"]LAST EDITED ON 02-19-04 AT 09:35AM (CST)[/font][br][br]If it fits the criteria for FML it will qualify for FML. The employee will be absent for more than three days, there will be a period of incapacity, an overnight …
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Our company doesn't terminate anyone who has gone beyone their 12 weeks of FML because "we don't want to lose good employees". I'll be interested to read the replies to this post which may give me some ammunition when I run into this problem myself…
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Henry, Please stop SHOUTING. It is very difficult to read your posts in all caps. Turn off your caps lock please. Thank you.
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We have been advised that if someone is on workers' comp and they have used all of their FML time, we cannot terminate them. We've had someone out for almost a year and there's nothing we can do. They just sit home and collect their temporary tota…
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I know this might not be a nice thing to say, but my experience has been that a doctor will certify almost anything as FML qualified and I have no recourse. This has happened to me many times but short of getting a second opinion there isn't much t…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-09-04 AT 02:44PM (CST)[/font][br][br]Check out [url]www.jjkeller.com[/url]. I purchased their FML tracking software and I like it. In my opinion it was very reasonably priced as software goes. We o…
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That is what I usually do as well because stating "sick" does not necessarily pertain to their reason for needing FML. I tell them they must state that their absence relates to the qualifying condition. If it doesn't, I don't count it against thei…
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It is my understanding that you cannot penalize someone for being on FML. Therefore, you would have to pay them the holiday just as you would for an employee who worked the day before and the day after the holiday.
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I agree with the above posters as well. If the employee wants to tell the supervisor then so be it. It is not up to you to divulge medical information to others at work. There is not a need to know.
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Does this employee qualify for FML? You did not state that.
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How about gastric bypass? I feel that is a serious health condition as the employee is spending a few days in the hospital. Does that qualify?
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In our company employees get paid for holidays when they are on FML. I consider it paid FML and count the day towards their FML usage. What do others do?
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My question was--if the employee comes to work the next day and says, "Oh, I didn't come to work yesterday because of my family and medical leave condition." do I still charge her for it? I know not calling is a disciplinary matter but can an emplo…
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Shocking it is but unfortunately true. I had someone tell me their doctor wanted $15 to complete FML and STD forms. I also received a notice from my doctor's office informing me that they will charge $20 to complete these forms. Hope I don't need…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-28-03 AT 10:37AM (CST)[/font][p]I had this problem several years ago where the doctor wrote that the new mother would be disabled for 12 weeks and should be paid short-term disability for that time. …
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Another thought I had is that if you let one person flex their time and not count it as FML you would have to let others do the same thing--and we don't. This person just happens to work in a department where the supervisor will let her work to mak…