njjel
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I can get to the site but when I try to open the page for FMLA it goes to something about "bunk Beds"! Anyone have any better luck than I?
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Thanks. I'm still looking for a copy of the regulation (which wasn't on that site or at least I couldn't find it). Anyone?
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And what if he stayed overnight in a hospital. He is then eligible for FMLA. Assuming all other requirements have been met.
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If his doctor certifies his illness/disability there isn't a lot you can do other than obtain a second opinion (at your expense of course). There is nothing in the FMLA regs that states an employee must stay at home to be qualified to be out on lea…
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In NJ employers either must provide the state disability or have a private plan.
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Yup, Don, as I thought. This is how I have been calculating their time.
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[font size="1" color="#FF0000"]LAST EDITED ON 02-25-04 AT 09:14AM (CST)[/font][br][br]OK. I need to clear up something then. Our policy uses the going forward time frame for FMLA so if an ee is out from 3/1/04 to 6/1/04, work the required # of hou…
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Ok. Then what am I reading wrong here??? It sounds as if the advice above stated that we DON'T include vacation time.
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However, I've read somewhere (and can't think where it was for certain) that vacation time DOES count in the year's time. Anyone else read/see that?
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Another question I have is if the policy is 'changed' now for this person doesn't the company risk a law suit from the person who was treated differently in the past? And how recent was that?
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Yes, NJ has it's own medical leave. However it is NOT for the employee's own illness but for others - i.e. - child, parent, spouse.
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Thanks for the response. I questioned this because it is temporary custody and also because it is not an adoption and the reg clearly states FMLA for "adoption". It says nothing about custody or temporary custody. I understand that a company may …
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Why is it you guys like to go there? You should know better by now. No, that is not the case.
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Sorry, I don't agree with going back. As we know it isn't permitted under the regs. There is no harm/no four with waiting til her next absence. So, in essence, I've answered my own question! What a great forum! :-)
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It's my understanding that we can't go backwards and ask for certification of a previous illness after the ee has returned to work (she's been back to work over a week now). The supervisors were trained and trained again in fact on what to do when …
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So if an ee is absent two days with a migraine and see a physician, those 2 days are treated as FMLA leave provided ee is qualified for the leave?
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If you have a union shop and this was grieved (assuming you terminate the ee) I don't believe you would win this one if it goes to arbitration. I try not to make a decision that I know or have strong feelings that I won't win at arbitration and I fe…
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Yes, she should be given the balance of her leave. The child could have had a set back, or the ee could have sought a second opinion based on the child's symptoms, etc. There are many and varied reasons for the conflicting opinions and I would gran…
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You are governed by whatever your company policy is on holiday pay. If your posicy states they must work (or be getting PTO) the day before and the day after to get paid for the holiday, then be governed by that. If you have no such policy in plac…
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As a side note here - any Certificate of Health I have ever received has spelled out the diagnosis in item #4 of the form.
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How can the employer possibly fill out the form? Is the employer a qualified physician? I doubt it. It is the responsibility of the physician to fill out the form. Now, might they charge a fee to do this? Yes, they might, but if they did I'd be…
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Yup, missed that! Thanks for pointing it out. Now does she get points for not calling in on time? Yup again.
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I'm confused as to why you require the employee to call in when you know via the certification of health certificate that they will be out for a certain period of time? You may of course require "periodic" updates, but I'm not sure that daily call-…
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It is my understanding that all disability leaves are to be treated the same regardless of the illness/disability. I think you can definitely have a problem if you treat pregnancy different (even tho it is for their benefit).
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If the doctor certifies it, I give the FMLA.
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I assume when you say give her the form for certification, you mean to place her on FMLA leave by mailing her all of the appropriate FMLA paperwork and the health certification form? I have a similar issue here but i don't the ee wasn't out all 5 d…
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We would pay the holiday. She is actually on paid time off. If she were on vacation she would be paid for the holiday correct? I would look at this in the same manner. Additionally, there was a LONG thread regarding this not long ago on the foru…
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I had never heard of the six month period either!
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As with the Bible there are many interpretations of the FMLA regs. At least that's how it seems. At an FMLA training session put on for our firm by a labor law attorney from a large firm we were told that those on Intermittent FMLA are free from a…
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Yes the FMLA leave ends with the death of the husband. However in kindness and sympathy to the employee she should be allowed funeral time. We allow 5 days for immediate family and always extend it further if it is requested.