mwild31

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mwild31
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  • Dixie Lee - come back - don't be afraid to state your opinion, have people disagree with you and not post again. Everyone new to the forum is a little put off by Don (maybe even by me or others) but the longer you're 'on' the more you will see that…
  • [font size="1" color="#FF0000"]LAST EDITED ON 11-10-03 AT 01:38PM (CST)[/font][p]Sorry I wasn't clearer in my post Don D - I can't find anything either that states that baby-sitting is covered by the FMLA and I'm sorry for the confusion. Given the …
  • Hi Don - check out this link: [url]http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/Subpart_A.htm[/url] specifically, look at: 29 CFR 825.116 - What does it mean that an employee is ``needed to care for'' a family member? and: 29 CFR 825.113…
  • "One important thing to understand is both its unpredictable nature and the fact that mornings are always the worst for the ee." Every case is different, for our employee - it was the afternoons.
  • Very scary :-S - he's a lawyer and he wants to pursue the action you described in your first post - good luck my friend. One other thing I should have added to my last post, I believe it was HRQ that stated something to the affect that if, once t…
  • I got it now! Neither the supervisor nor the employee mentioned to HR that the employee was having attendance issues until the supervisor wanted to take disciplinary action. Then, as you (HR) are following up on the issue, you discover that the em…
  • Hi justshrug - great screen name by the way! I'm curious - is this employee's leave intermittent & therefore set to a specific schedule, i.e. doctor's note says no more that 6 hours per day - and so a new schedule agreement is creating reflecti…
  • I guess I've just been extremely fortunate & have never run across this practice - or perhaps there's some law on the books in WA that won't allow it. The first time that I hear one of our employees say that they have to pay for the cert. paper…
  • Doctor's can charge for medical cert's? Isn't that a part of the doctor's visit? I've never heard of this! It seems as though it should be an illegal practice for doc's to do. Sorry I can't be of any help AprilShowers - I'm just shocked.
  • Ah - not to put too fine a point on it - I would go further to state that if you let the employee "make up the time" later in the week, etc., in an intermittent situation, you are in effect still going down the line of the 624 hours instead of the 4…
  • Marc - I would review AprilShowers & Popeye's point. Here's where the rubber meets the road & the need for the policy - intermittent time off. This can become such a nightmare - see Don's new posting on FMLA to get a taste of some of the f…
  • [font size="1" color="#FF0000"]LAST EDITED ON 11-06-03 AT 12:21PM (CST)[/font][p]HGHAHR - Good for you! Mushroom HR - still count the time away as FMLA leave though.
  • Intermittent time off is such a tough cookie - I see Don's point, but it's not the way we practice it at my company. Time away from work to attend doctor's appointments is counted towards FMLA time.
  • What a strange question. As an HR person, why would you have told the employee, who has come forward with a diagnosis for self-mutilating, to skip the doctor and go visit the church and then wonder about fmla and ada issues? What kind of test ques…
  • Good catch - I usually put in my union/private disclaimer, but forgot to in this case.
  • This link should help you with your answers - it's federal, so double check with your state to make sure they don't differ: [url]http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.302.htm[/url] Based on my reading of the federal guidelin…
  • Thank you for clearing it up x:-)
    in FMLA Comment by mwild31 October 2003
  • [font size="1" color="#FF0000"]LAST EDITED ON 10-03-03 AT 04:25PM (CST)[/font][p]Hi Linda - we're saying the same thing - just differently. Of course the start of FMLA begins the count down clock - just as I referenced in my post (minus 2 weeks) an…
    in FMLA Comment by mwild31 October 2003
  • I guess I'm responding to: "We agreed that she would be taking intermittent leave as needed because her spouse needed extra care on certain days (couldn't eat without throwing up). She has been back to work full time for a few weeks, but they have …
    in FMLA Comment by mwild31 October 2003
  • I guess I would ask this question: If someone was in a car accident and was hospitalized for two weeks, you and they would agree to FMLA. Now, once the employee returns to work full-time, the FMLA would end. Let's say, that three weeks after they…
    in FMLA Comment by mwild31 October 2003
  • Don - you rock! That's one of the best summaries I've seen on this issue! Thanks
  • That's what I would do as well. If the doctor didn't sign off, then I would grant personal leave.
  • Okay - I'm not an expert on FMLA - so bear with me... I know that the employer grants the FMLA, but don't we do so with the caveat of the employee turning in Certification of Health Care Provider paperwork? This gives the provider the opportunity …
  • Brothers and sisters, again quoting from the same source, are not covered. A word of warning. The state I'm in, Washington, has their own set of rules that apply in these situations (much more lenient). They either augment or supercede FMLA. Che…
  • Look to see if your company policies are different, but, and I'm quoting from the latest FAQ section from the DOL, "An employee's spouse, children (son or daughter), and parents are immediate family members for purposes of FMLA. Ther term 'parent' …
  • I was under the impression that the employee had to fill some time in (30 days) at their job to be considered "returned to work". Where in the reg's does it state that they can come back for only 1 day? If it does state it in the reg's, then if yo…
  • I REALLY hate to go contrary to Margaret - but there is another issue here. If she goes on FMLA and you continue to pay her health insurance (as you're required to do, if she's eligible) do you plan on asking her to pay it back once the 12 weeks ar…
  • Yeah! I know the answer to this one :-) "Employees who give unequivocal notice that they do not intend to return to work lose their entitlement to FMLA leave." DOL, elaws Family and Medical Leave Act Advisor, FAQ. In our case, we just had the em…
  • NaeNae - could you explain it to me? I'm embarassed to say that total time counts towards the 12 months. I thought the regs were talking more about helping to define a "casual" working relationship - I didn't realize that someone could have worked…