njjel
About
- Username
- njjel
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
How would you handle a disabled employee who went for surgery, is still out after six months and is having complications and can not say when they will be able to return to work? We have a six month disability leave policy.
-
On the flip side, as one who suffers with back problems I can not always tell "what I did" to aggravate it or when. But certainly you should insist on medical certification. However, don't be surprised when he brings it in.
-
I would give him the FMLA time if he wants it. The sooner they use it up the less we have to worry about!
-
Couple of things. Since she is out more than three days I would not have classified it as intermittant leave, especially since you never know but what it could extend into another week. Additionally, do you have a policy that states employees on d…
-
She would be eligible for COBRA if your company is required to provide it. Therefore you would not terminate the coverage before offering her that right.
-
Yup, I fully agree. That's why I posed my question. FMLA is SO not user friendly! :-)
-
Help me to understand this paragraph also. First it appears to tell us we can't deny the credit then it seems to say we can????
-
One of the qualifiers for FMLA leave is that the employee must have "worked" 1250 hours. If she has been out on unpaid leave then she isn't working and hasn't accrued the necessary hours. At least that's my take on it.
-
Yikes! Thanks for the input. However, I'm still looking for an opinion on whether or not an employee accrues time (days) for FMLA leave while out on other leave. I'll try to give the example. We use a rolling forward method here. The employee w…
-
[font size="1" color="#FF0000"]LAST EDITED ON 06-27-02 AT 08:57AM (CST)[/font][p]Actually, yes NJ FL law does provide for that! An empee is eligible to take NJ FL over an above federal FMLA if the leave is to care for a spouse, child or parent. We…
-
Righto! And perhaps the empee has already used his/her FMLA leave and therefore only has the state leave to fall back on. I just LOVE FMLA and NJFLA! YIKES
-
The NJ FLA does not require employers covered by the federal Employee Retirement Income Security Act (ERISA employers) to conintue health benefits, but employers NOT subject to ERISA must continue health benefits under the same conditions provided t…
-
I recently attended an HR seminar and the instructor advised those of us who use a rolling forward basis that it would work like this: On July 19th of this year the employee would have 9 weeks and one day of FMLA leave to her credit. On July 20th …
-
I would think if the doctor certifies it, she will be eligible for FMLA. Does your leave policy forbid "other employment"? If not, she can probably work elsewhere while on leave.
-
Yes, if that is your company policy. An employee does not have the right to "elect" FMLA. It is the employer that designates it upon learning of the necessity.
-
May as well throw my two cents in here. Let's not forget that you CAN allow an employee more than the law provides for IF the company wishes to do so. However, you must also remember that once you do that for one employee you must do it for ALL.
-
This empee may be other medical problems which requires this surgery be done immediately. I would check this out before I refused the requested leave. And if she's given the 30 day notice I believe you need to abide by that.
-
What an interesting post on a subject that I, ironically, had fall on my plate to deal with just minutes ago! Again, the Forum has proven to be extremely helpful.
-
In my opinion, it is WAY better to be safe than sorry. The cost of defending litiation on this subject isn't worth the risk. Each court will interpret the regulation differently.
-
Of course if we had such a policy I could refer to it. But alas we do not. Thus my question. Is there any reg in the FLSA or otherwise that states we can withhold accrued leave time?
-
OH lovely! So to be safe just sent it out within 14 days and we'll be safe!
-
Thanks to all who responded. I definitely will be taking a hard look at them.
-
Additionally we also have paid interns who have graduated from college and are now in law school. Can they be classified as exempt due to their professional status even tho they haven't completed law school and do not supervise anyone and work unde…
-
We have two administrative assistance classified as exempt that in my opinion don't meet the exempt qualifications as they do not supervise anyone and do not make major decisions. I wanted to suggest re-classifying them to salaried, eligible for o/…
-
I've been told there is such a classification as "salaried" but eligible for o/t?????
-
What do your managers adhere to as far as smoke "breaks" are concerned? All of our managers are salaried ee's. But if we take time off we must take it from our accrued time. Howevever it seems that they don't think smoke breaks count and don't ta…
-
If we put it in our SPD do we still have to issue a separate Initial COBRA notification letter?
-
I just got a copy of the update. Copeland v. ABB,Inc., 8th Circuit Court 3/27/08 says the the employer must pay hourly worker for time spent in waiting for and receiving medical attention on the premises or at the direction of the employer during …
-
OK. CAn you tell me where I can find that in the reg? I am having an ongoing issue with a superior who says that it does count! Thanks!