mwild31
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[font size="1" color="#FF0000"]LAST EDITED ON 08-07-06 AT 10:23PM (CST)[/font][br][br]Okay - here goes. x:-) An employer can not require an employee to take more leave than "necessary to address the circumstances that cause the need for leave." S…
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You're welcome x:-)
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Here you go. [url]http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.118.htm[/url] Look specifically at number 5. Follow your same procedures in that give the certification form to your ee & have them return it to you completed by…
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Hey Safety - how goes it? Here's a link that might be helpful: [url]http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.307.htm[/url] I guess the consequences of a doctor not completing the certification would result in the ee being turn…
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First question: "to tap FMLA for sick leave purposes does the absence need to be greater than 3 days as with a serious medical condition, or can FMLA be tapped for sick leave used for < than three days?" If the time off requested is approved fo…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-09-04 AT 03:24PM (CST)[/font][br][br]Hi Tammy For your first question, you really need to check with your state first. Federal laws say that the ADA doesn't apply to temporary conditions, but state …
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Just one thing - what does your policy say? I would add it to my Return to Work Policy as well as the FMLA policy - so it applies to all, before I started doing it.
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Hi Abby "I've asked the w/c carrier what we could/should do, and they are very careful not to give HR advice. They gave me a "wait & see" boilerplate answer, and see if the medical condition resolves itself or whether the EE finally gives up an…
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Hi Abby - you need to contact your worker comp. carrier straight away & put this question to them. Sometimes, when trying to do 'the right' thing, you inadvertently set precedence & or further your company's liability issues. Each state is…
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Thanks DJ for the response. I'm still formulating a policy. Fortunately, my worker comp. folks have a program that helps to estimate the cost of KOS vs. Time Loss. Thanks again!
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In WA state, "paid by the state" is called "Time Loss" and is paid through the Department of Labor and Industries. "Wage continuation" is called "Kept on Salary" & is paid by the employer. We KOS all of our employees. The merits to this pro…
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"I communicated this to our Corp. Office, and the HR Director instructed me to suspend the EE pending an investigation, which we did." This seems to be an appropriate action to me given the conflicting circumstances surrounding the note: what the …
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[font size="1" color="#FF0000"]LAST EDITED ON 08-16-04 AT 04:29PM (CST)[/font][br][br]I would talk with your WC carrier. In my state, an employer can continue to pay the same rate of pay for the light duty position and many do so to avoid Time Loss…
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Is the new line of work, or lack thereof, stopping the claim from closing? If, while the employee is recouperating from the injury, you are providing a light duty job (to keep the employee from sitting at home), then yes - provide another position …
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Well, there you go nancyp! Great discussion.
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Excellent point Linda S! If you're simply offering the job to avoid any potential future injuries - you may want to look more deeply into the ADA before pursuing. This is where HR gets a little tough - if you're, as a conscientious pro-active HR pr…
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My very first response, is yes. I would discuss the new position with the employee and see if she is interested. If you can create a bonafide business reason for the move - you should be okay (I say 'should' because I don't know all of the details …
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Does the cook have good reviews on file? Has the poor performance issues ever been addressed? If not and you switch the cook for the replacement - look out. However, if these performance issues have been brought up before and the replacement is j…
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In Washington, if an employee is entitled to vacation & you make them use it while injured, the employee can go back to L&I and get some of that money back in the form of time loss. Contact your worker comp. carrier immediately to find out …
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[font size="1" color="#FF0000"]LAST EDITED ON 08-05-03 AT 07:32PM (CST)[/font][p]On the other hand x:-) We had an employee that injured his neck at work - we accomodated his light duty work restrictions only to find out the 'turkey' was out riding …
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Our Abra software (payroll) includes the 300 & EEOC reporting. If you use an accounting software system for payroll - you may want to check if it's available.
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Hi - there is - check with your worker comp. carrier or the state.
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I challenge everything unless there's blood or broken bones involved. With that said, I also have several light duty jobs available if necessary. With all my heart, I don't believe in having employees sit home and collect time loss or even collect…
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The 300 replaced the 200. You don't need to do both...
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If she thinks it's work related & cannot tie it to a specific accident or injury at home - send her to the WC physician. They will decide along with the injured employee whether or not it's WC. One of our employee's was diagnosed with carpel…
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We too include it in fringe benefits, namely because we are not obligated/required by any federal/state law to offer Kept on Salary pay, instead it is a company choice to have a Kept on Salary policy to avoid higher rates as a result of an injured w…
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Hi Popeye - I knew Marc was in an office environment from his previous posts, which is why I phrased my response the way I did.
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Yes. Don't write her up. Inform her of the requirement to wear shoes (which I agree with you, is pretty lame) and let that be it. Safety Directors are notoriously uber safety oriented, and it's a VERY GOOD thing in just about all circumstances, b…
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Don't you just love how Worker Comp. DRAMATICALLY varies from state to state x:-)