pork1
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VICKB: It very well could be, if there is legal documentation the shows your ee is the designated legal/guarding and not the husband! Additionally, there needs to be a cerification document in your companies' possession that says that the the aun…
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I concurr, and ask what happens to the individuals medical plan coverage during this additional time off? PORK
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MIHR: Maybe I'm having a senior citizen moment, but why is this coming up as an ADA issue. Are you going to treat this person as ADA protected? Did the physician attach a full and permanent disability rating? By treating this person as a disable…
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MIHR: I believe that you can run the 12 weeks and the 14 additional weeks of medical leave together. We do and it is broken into 12 weeks for FMLA and an additional 14 weeks if applied for and cerified by the physician. Therefore,we are doing the…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-07-05 AT 07:44AM (CST)[/font][br][br]MIHR: It reads like you do not have a copy of either your company policy/employee handbook/or the Regulations on FMLA. This person would have been terminated on …
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WHATEVER: Under our company policy this ee would be terminated for falsification of company documents. The FMLA is so tightly regulate, do you feel like the employer could get away with even the slightest devation from the regulation and company p…
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HRQ: I would encourage you to put a person in her place in a temporary hire situation and up-front make sure the person knows that when your FMLA employee returns, that the new person or temporary person would go to the other position or at lease y…
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DeniseE: Thanks, that is a good site to know. PORK
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LIVINDONSOUTH: You need to re-read the first paragraph. The words orient to the supervisors response. If the supervisor says the person is doing right then I concur. If the supervisor says the ee is abusing the system then read on for my advice.…
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ARAINS: I concur, fore go the evaluation, unless the immediate supervisor feels that the employee is using his special leave, inappropriately. Day to day performance can and should be addressed with the individuals who are abusing their special si…
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Lorrie: Chalk it up as two (2) authorized days of sickness and move on. The 2 days will most likely not impact severally on the next FMLA situation. When that event happens, you will be able to refer back to these 2 days as possibly a factor in t…
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MORRISG: We simply use the attendance controller and when one's intermittent medical hours (FMLA) or days is recorded, we so note the hours used as FMLA hours used in a week. We have to do this because our medical leave policy pays the employee fo…
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LAWGUY: We simply require that the employee or applicant to put in his/her own words, what his disability is and what accomodation he/she might consider to be reasonable. By putting the request in written form it "locks the request" down and gives…
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LISA: You are on the right track, not sure about your insurance plan, but ours is self-insured, which means that the plan participants have each a stake in the cost of the plan. One high roller effects the cost to all employees and the company. Y…
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DON: You obviously do not know the value of long term Social Security Disability for those of us who who are disabled, which includes medicare/medicaid. It is very much the HR's responsibility to know of the government assistant programs and whe…
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I WISH YOU AND YOUR EMPLOYEE WELL, but it might just be the right time for her to discuss her situation and the physician's restriction, and the employer be moving her to the x-employee ranks so that in 6 months, she can have the same doctor help h…
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"not reasonable", it is "negligent" on the part of the decision maker to decide against a Safety Issue. I am a diabetic and wear special shoes, you might want to check your local supply houses to see if they have developed a "steel toe diabetic sho…
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Golf: As Don wrote above "the employer can listen to the ee and declare all his absences as FMLA", but as one writes below Don, you loose control and consistent actions on each and every case. By following the federal law and procedures you can es…
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I agree with Don, but follow your company published policy. We stipulate that "if it cost us over $1.00 to get the person repaired, the employee is subject to drug testing". Our thought there was, "a Band-aid used to cost less than $1.00", so firs…
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FREYH8: In our FMLA policy the last day of the FMLA is set and everyone involved are held to that date. That does not stop us from using our re-hire policy two days later and put this employee back to work. Thus, we remain constant with our termi…
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Again, Don is right on the money and more importantly the thoughts and issues addressed here, to me, is top priority. Does the supv even realize or know the rules on swapping times within a published work week? PORK
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MARY B: Yours is the first, that I have read on this situation; my thoughts go back to our approval letter. In the letter are words that take the relationship for supervising the FMLA time loss ee under the responsibilitioes of the Director of Hum…
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KDSPA; I recommend you follow your "employee handbook". We allow our employees the use of vacation time or sick time, whenever they choose, as retroactive to a missed time or lost time due to a W/C injury. It is their awarded benefit and if they …
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[font size="1" color="#FF0000"]LAST EDITED ON 04-18-05 AT 02:20PM (CST)[/font][br][br]CATHERNICETNC: I must assume you do not a physician's document showing that the ee is medically dis-qualified, thus giving you and he legal opinion of his disabil…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-19-05 AT 09:25AM (CST)[/font][br][br]CAT: Since this is a FMLA-Cobra running concurrent there should not be any premiums in the arrears. The payments are being paid by the employer and once the empl…
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WHOA NELLY; If I am reading the original post right this is a W/C--FMLA running concurrent, I believe until the W/C situation is resolved, that the employer would be required to keep all benefits constance. Given the shoe was on the other foot the …
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Don is absolutely right, we (HRs) have enough to do without nailing your hands and feet to the wall with a published edict. PORK
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T: We keep everything the same for W/C cases, our policy also tells the participant that a "leave is a leave" and the computer, until changed, will calculate all time as accurring toward an awarded leave. PORK
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ROMAN: Welcome to the forum!!! We depend on the W/C physician for the written decision that an employee has reached Maximum Medical Improvement (MMI) and is restricted from doing the physical activities of an empolyed position, I will, immediately,…
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DGROSS: When I get a written determination by a physician that reaches MAXIMUM MEDICAL IMPROVEMENT ACHIEVED, we call it medical disqualification and terminate. I would not accept the specialist determination, we would send the person back to the p…