njjel
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You should give her the FMLA paperwork to take to her doctor to verify whether or not it is a serious health condition. Let the doctor do the diagnosis. :-)
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Yes, they can be counted (if you want to go to the trouble tracking the hours). Here we allow them to use any accrued time they may have and then place them on FMLA when they leave for the birth. You can always be more generous than the reg if you…
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Your FMLA leave policy should state that STD and any state leaves run concurrently with FMLA. For instance, we have a union clause that give the employee one week of paid leave for the birth of a child. We state in the contract that this runs conc…
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If the ee isn't missing time from work then he can't be put on FMLA leave.
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I would put that as sick time if you have it and if you don't then vacation or other paid time off.
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If there was no history of this sort of thing with him we would have sent someone to his home (or called the emergency number every ee is required to provide us with) to see if he was indeed too ill (or worse) to call in. If he is indeed ill, then …
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I guess I'm uncertain about what FMLA regs say regarding whether or not we have to accrue vacation time for an ee who is out on FMLA leave. We currently do not accrue vacation time for anyone out on any type of leave of absence. Are we right or wr…
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I agree w/VS the doctors make me crazy! They have little or no idea what the FMLA medical certification is all about and just fill in the blanks! I just go w/whatever they put down b/c I have too many other pressing issues to fight it!
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atrimble - well that sure doesn't qualify for FMLA.
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so then I think I will sent out the FMLA forms and see what the dr. says. However, I haven't come across a doctor yet who understands FMLA at all! Most doctor's just fill out the paperwork!
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Yes, you may terminate their coverage if they do NOT pay their portion of the insurance IF you have notified them of that in the FMLA paperwork. Even so I certainly would not do so without providing them a notice of cancellation of insurance if not…
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If an ee is out on w.c. and you run that concurrent with FMLA you are required to pay YOUR share of the benefits for the 12 weeks. After the 12 weeks of FMLA (assuming ee is qualified for that leave) you would follow your company policy on whether …
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Our policy is that the ee's may at their own choosing either use or not use their accrued time for FMLA leave. They do accrue time if the are using their paid leave time, but the time does count toward the 12 weeks of FMLA.
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Placing someone on FMLA who is exempt and not paying them (if that is your policy) does not cause the exempt ee to lose their exempt status per the FMLA regs.
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If it is for an ee's own condition, however, aren't you in violation of the regulation by giving them 5 days rather than 3?
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OK. So does everyone here agree that the care of family member does not require more than three days to be FMLA?
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Just remember that once you make a decision that sets a precedent for future like issues.
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I believe the misunderstanding (now that I've reread the regs again) is that this ee is NOT working an intermittent schedule but is working a regular part time work schedule of 3 days per week. I agree that when the LEAVE is taken intermittently th…
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So Marc and Pork differ in their opinions. I will have to drag out my FMLA resources and investigate further. Your assistance is appreciated.
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Marc that was what I thought and I wanted to check w/the forum to make certain that she was not eligible for 60 days leave. I do think that she is eligible for 12 weeks of leave at 3 days per week. If anyone knows different, please yell!
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Pork - So because she only works 3 days a week she gets more than 12 weeks of leave?
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So if the employee doesn't state the illness and the doctor doesn't fill in a diagnosis, how does the employer know the employee has a serious health condition as defined by the reg?
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In NJ a on the job injury to a preexisting condition is covered under w.c.
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If you are required to offer FMLA and he is eligible, he should be on FMLA leave running concurrent with WC. Therefore, you would be required to continue his insurance for the 12 weeks as required (and he would be required to pay his portion of the…
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I disagree with the above post. If an employee is injured walking into work and he is not on the clock, the employer is not responsible via worker's comp. The er would only be responsible if they owned the property and then it would be filed with …
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Are you employees being paid while they are on the 10 minute break? I would file the claim w/the insurance carrier in any case and let them make the decision whether or not it is compensable. This way you have all the bases covered.
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I agree with James. There may be other issues here which would be the failure of the company to provide a safe work environment. (I'm only making a general assumption here.) I would definitely file it with the comp carrier AND contact my liabilit…
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I'd take the easy way out and contact your comp carrier and ask them the question. It will be up to them to accept or deny the claim anyway.
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In most states you must be off work a certain number of days to receive compensation for the lost time. However, any medical expenses incurred from the injury are eligible for payment through worker's comp if it is indeed an compensable injury/illn…
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I would advise her to call the PA Div of worker's comp (or whatever section handles WC in PA) and report the incident to them. The will be able to move things forward for her. Sounds to me like that particular McDonald's is trying to dodge the cla…