njjel
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My guess would be that it would now fall under your WC insurance as it is an injury suffered during work to an existing injury and the injury was caused additional damage. The other posters are correct, report it and let the wc carrier make the det…
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I would be seeking the advice of my employment counsel on this one.
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What if you KNOW the employee is disabled but they haven't requested an accommodation specifically other than they have asked for an extension of their leave of absence which will be beyond the 6 month disability leave policy?
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If the employee's doctor gives a response that he will not know when the employee can return to work for at least 3 months (and maybe not even then)(employee has already been out six months), are we safe to terminate the employee without violating A…
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Right on Don D. Sounds like an FMLA qualifying instance to me.
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We have an employee who is continually falling asleep at his desk, in meetings, seminars etc. He is the brunt of many company jokes. However, he has not requested any ADA accommodation (if this is even covered). He holds an office job so driving …
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If the employee has only been with the company since 11/02 she would not qualify yet FMLA leave (assuming your company is large enough to come under the act). Therefore ADA would be the way to go.
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This probably is not w.c. It would fall under the liability insurance of whomever owns the building.
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While that may be quite legal we never deducted sick time from an employee on w.c. We did however run their FMLA concurrent with the leave. We felt the benefit of this from a morale standpoint was more important than deducting sick time.
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The best way I know to handle these situations is to file the claim and let your insurance company determine it's compensability. By doing that you stay out of what could be a touchy situation.
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OK i wasn't certain that we could legally designate the leave as FMLA seeing as it was more than 2 days since the company learned of her absence. That was my concern. So you both feel we can do FMLA?
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Yes thanks it confirms exactly what I thought. Appreciate it.
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I just use the federal forms.
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She did call in. We will wait to see if we receive her FMLA Certification of Health and go from there. In time she will hang herself I'm certain. Her attendance record in the past year has been horrible even w/o the recent FMLA.
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We treat all disability leaves the same and require the medical certification for maternity and all of disability leave.
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You are not required to give an ee an update of their available FMLA time, but if you feel the need and have the time go for it. And ditto to the response above.
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We in HR have so many other fires to fight that I would allow FMLA here and not worry about it. Let the dentist make the cert. and go with it.
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HR often takes the blame for things in a company! I get blamed if people procrastinate sending to the health insurance carrier their child's college transcript or other proof of college enrollment and then the child gets dropped and they are notifi…
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OK. So we don't count the weekends for the purpose of time out but we do count them for the "more than 3 days" is that correct?
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If the doctor has filled out the certification of health and checked that it is a serious health condition, you need to grant the leave. We in Hr need to pick our battles and that's one that I just don't waste my time with when the Dr. signs off on…
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while she doesn't qualify for FMLA leave, what does your company policy say about leaves in general? You should be guided by that. If you don't have a leave policy in place, encourage upper management to put one in. We have a policy that states a…
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OK. So now the ee calls out on Tuesday, but says he will be in Wednesday and the same thing happens on Wednesday saying he'll be in Thursday. My point is, at what point do we give up and mail the darned FMLA paperwork? If we wait too long, and the…
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I would remind her that it is her responsibility to get the certificate from her doctor by the due date or face possible disciplinary measures. You may also (depending on how much you want to keep this ee) call the doctor's office and ask if they do…
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She needs to go to two different places for the P/T and then chiro. Then she will take her lunch. Our company is very lenient with these issues!
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thanks!
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Thanks and appreciate the responses. Upper management has asked me to indicate to them where this is stated in the regs. Can one give me the exact location? Thanks.
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I hesitated to assume that due to the fact that FMLA is doled out in work-weeks. Therefore if a work-week was Monday to Friday, I didn't think the weekends would count. If an ee worked Friday through Tuesday, then I kind of thought they would. Th…
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The 15 days goes without saying. And yes she will be put on FMLA for her son's condition. I just thought this was a good one!
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The son was the reason she called out sick but the note she brought in was for herself. So if I place her on FMLA it can't be an attendance issue.
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OK. What did I miss? It is my understanding that if an ee is on FMLA they can not be terminated - their job is protected for 12 workweeks. How then could we terminate her if she is absent due to an FMLA qualifying reason?