njjel
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Question, whatever happened to the reg that states the employer must give the employee the most favorable reg when state and fed regs conflict? Or am I dreaming?
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I would say the answer to your question is, yes unless there are mitigating circumstances such as ADA etc. that come in to play. Your obligation under FMLA is to return her to her former position and pay. If she simply doesn't "want" her former ho…
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Linda,I just wanted to point out that you may terminate their coverage while they are out if they fail to timely (within 30 days of due date) pay their portion of the premium (if any). You must provide the ee with 15 days notice of the termination …
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As an option to allowing NO intermittent leave for birth of a child you could consider carving out your policy to set up guidlines for that type of leave. This would be more employee friendly than permitting none at all. However, either way is per…
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I gather from your posting that she has not yet returned to work. If so then she must be returned to the same position or an equivalent position at the same salary. I would return her to her former position and have her supervisor meet with her an…
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I believe it depends if the ee brings in certification from their physician that states this is a serious health condition requiring intermittent leave. Intermittentleave is provided for in Section 825.203.
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My interpretation of the regulation (Section 825.220(1)(c)is that if there is a benefit such as attendance bonus and they are on FMLA leave they are entitled to it. However if you have an existing policy that states the "day before/day after" they …
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We have a policy that states the ee must work the day before and the day after a holiday in order to be paid. Therefore, if an ee is out on unpaid FMLA leave, they do not receive pay for the holiday.
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From my experience this company would not be able to retro this leave in the circumstance eplained above. I would notify them now that they are on FMLA leave effective with the date of the letter.
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If the step grandmother was in fact the "grandmother" to the employee throughout their life, then they are indeed the only grandmother the employee has known. We would respect that and they would be paid. In fact in most cases we would not even kn…
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With the new HIPAA regulations, this information would most definitely be required to be kept separate from the personnel files. It was previously, but now even more so it is important to file person medical information separately.
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So if there is no policy for day before and after the employer is obligated to issue a check for one day's pay for the holiday(s)?
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I wouldn't worry about it. Too many other things to take care of than to fight with a doctor about 6 weeks. Of course if higher ups want you to push it you can have her go to your own doctor (at your company's expense) for an evaluation. But i wo…
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Regarding the COBRA, you need to offer it to her and she would have to "elect" it first. (Maybe her husband has her covered under his policy and she won't need it, etc.)
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It could also depend on your company policy. We have a written policy that states we will not run FMLA concurrent with WC. Just something we decided to do.
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In my opinion you would only need to point out the miscalculation of her time and explain that she will not have any FMLA time coming to her until such and such a time. She may however use accrued sick/vacation/personal time if she has any dependin…
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Keep in mind that he may also entitled to unpaid leave aftr he has exhausted his paid leave under FMLA.
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No because under our regular unpaid leave time policy - if an employee is on unpaid leave, they are not entitled to accrue any time or to be paid for holidays.
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[font size="1" color="#FF0000"]LAST EDITED ON 03-28-03 AT 08:25AM (CST)[/font][p]I also would appreciate further clarification on this issue. Currently we do not pay employees out on FMLA for a holiday unless they are using their accrued time for t…
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You are right on with your decision. Of course a company can decide NOT to use FMLA for W.C. time, but it should be so stated in policy and the same rule applied to everyone.
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The illness must be a qualifying one. A person could potentially be out 4 days with the flu or a stomach virus. If they haven't seen a physician, then the illness more than likely does not qualify for FMLA.
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Policies are put in place for a reason - to ensure all employees are treated equally is one of them. By changing your policy to fit the needs of individuals puts the company in a dangerous position.
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She isn't planning to return after her maternity leave however I wanted to cover all the bases as she is staying out on paid leave for almost 6 weeks with her accrued time. I didn't want her to come back at us and say we didn't place her on FMLA le…
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At our company we recognize the care of "significant others" for sick leave and FMLA leave and therefore even though it isn't a requirement under FMLA law it is our company regulation that we follow.
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Also, extenuating circumstances can apply to an employee as long as you apply those same extenuating circumstances across the board. With no policy in place you could grant some lee-way here.
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We make it clear that the payment of any required first round medical documentation is the responsibility of the employee.
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Unfortunately for those of us in southern New Jersey Aetna is almost the only game in town - Amerihealth is the other. I could not believe that Aetna is advising physicians NOT to fill out health certifications for FMLA!
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My employee saw the letter, but couldn't remember the exact wording.
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Sounds like an ADA issue here. However if she isn't able to perform an essential part of the job and there's no accommodation........
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She has requested an extension of the leave but has not given a specific time frame for her return to work nor provided any further medical documentation. She is still hospitalized.