psrcello
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Unfortunately, you're right - the most amazing things qualify under the absence plus treatment criteria! Unfortunately, I'm finding that a lot of my intermittent leave issues start with absence plus treatment, then slide right into "chronic" - which…
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Unfortunately, I agree. That simple "twelve weeks" becomes a nightmare to administer when there are changes in schedules, mandatory overtime, etc. that come into play. We have one department that has gone back and forth from a straight 40-hour week …
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Thanx, Nrdgrrl - this may be worth looking at! I'll let you know if we try this out and how it works.
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I agree with Popeye - it's not the diagnosis that counts, it's whether the criteria for serious health condition are met. I had to explain this to our union a couple of weeks ago when we terminated an employee for attendance, after we denied his FM…
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I agree with Rockie - you have to remain totally blind to the fact that the employee is on intermittent FMLA. Supervisors in my company have the same frustrations, and I have a hard time explaining to them that they can't use time lost under FMLA ag…
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I agree that she could be moved to a different position where her frequent absences won't cause a hardship in production. However, you won't be able to reduce her rate of pay during the temporary transfer. In short, you'll be paying her for the work…
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Thanks for the input everyone - I was inclined to say this wouldn't qualify, but with the definitions in the law as broad as they are, with pregnancy automatically being a serious health condition, the spouse's complications, and the "psychological …
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Check Section 825.215 (c) (2) - this refers directly to two different kinds of bonuses. The first would be an attendance or safety bonus, which "do not require performance by the employee but rather contemplate the absence of occurrences". Employees…
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The definition of serious health condition includes "Inpatient care (i.e., an overnight stay) at a hospital, hospice, or resitential medical care facility ..." In the event of outpatient surgery, I've looked to other sections of the definition. I a…
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We had a similar situation - a really complicated workers' comp case, where the injured employee's treating physician recommended back surgery, but the surgeon to whom she was referred refused to perform the surgery. A court-ordered IME physician st…
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Our short term disability plan runs 26 weeks. If an employee can't return in the 12 weeks allowed under FMLA, but they are still "disabled" under the definition in our STD plan, we do not terminate them until they have exhausted their STD benefit pe…
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DonD, Boy, do you have that one right! In one of my past lives, our Sr VP of Finance used to ask one of our staff accountants if she planned to have another child soon during every annual performance evaluation, because if she did, he wouldn't be g…
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We have about 275 employees, and in 2002, 63 employees used FMLA. There were 17 leaves of between 2 and 12 weeks, and 16 fairly short-term leaves. Our biggest issue is that we had 35 employees with intermittent leaves for chronic serious health cond…
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We've had the same situation with employees who have intermittent FMLA, and we also put them back in the standard attendance "points" system once they exhaust their FMLA days. We have a heck of a time substantiating that, since only about a quarter …
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Your boss needs to understand that the FMLA covers not just pregnancy, which is a serious health condition, but also leave for the birth or adoption of a child, which has nothing to do with a new mother's recovery time or whether she's "sick" any mo…
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Here's how I'd analyze this one (actually, we've had quite a number of similar situations). First, it fits the definition of "chronic condition" in that it requires periodic (twice a year) office visits for "treatment" (whatever the doctor does at t…
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I've never seen anything that says a normal vaginal delivery isn't a serious health condition. Anyway, isn't the rule of thumb to consider the criteria, not the condition? I would have qualified it based on the fact that any period of incapacity du…
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We're not quite as generous in our attendance policy - it takes 90 days under our policy to earn back a point. However, we use 90 calendar days, rather than 3 calendar months, as the measurement period. We account for FMLA days by not counting them…
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We also pay holiday pay if the employee is out on FMLA on the day before or after a holiday. We have another wrinkle with compensation and FMLA - under our union contract, an employee is entitled to time and a half on Saturday and double time on Su…
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I don't have much to offer on substantiating the absences for employees with FMLA due to family members' serious health condition. I've even found it difficult to do so for employees' own serious health conditions! For the recertification issue, we…
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We run WC and FMLA concurrently. You mention the question of why anyone would want to burn up their FMLA time when WC protects their job, and that you've never had anyone overtly request FML. Here's our situation - we have a "no fault" attendance p…
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Sometimes, we get too much information on the certification forms for intermittent FMLA. For example, and employee brought in a certification that stated that she would likely miss 4 - 8 days per month for her condition. Guess what - that's precisel…
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Thanks, Don - that's what I thought, but I was having one of those moments of questioning what I really knew!
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We offer an opt-out plan under our hourly medical coverage, not because I believe in it, but because it was negotiated into the union contract (before my time!) Employees who waive dependent coverage receive $75 per month, and they receive $100 per…
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The retired president of a family owned company that I worked for a number of years ago used to have a favorite saying - "Nepotism is fine - as long as you keep it in the family!"
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Well, he's still employed by us. His manager and I spoke to the counselor at the halfway house and, just as Don D suggested, indicated that we needed full disclosure of what caused his brief house arrest. The employee and counselor were both very up…
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Our employees on eight hour shifts receive two 10-minute breaks and a either a 30-minute unpaid lunch or a 20-minute paid lunch. Our 12-hour shift employees get two 15-minute breaks, plus a 20-minute paid lunch.
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In a previous life, I worked for a manufacturing company that had seven field construction offices. We kept all of the official personnel files at the corporate office, which was in the sam location as the manufacturing plant. As HR manager, I made …