sandra_d
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Depends on what your eligibility for benefits is...check your insurance contracts as many provide for immediate reinstatement of benefits, or reinstatement on the first of the next month (or whatever). If the person works long enough to qualify aga…
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I would guess that a claim of retaliation for engaging in a protected right (filing a work comp claim) is very possible. However, I assume that you aren't looking to fire because she filed a wc claim, but because of other reasons - ?? If you can d…
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What I've found most frustrating are the employees who've figured out that they can take 8 hours of FMLA each week, work 32 hours a week, yet have the full benefit package of a 40 hour per week employee. At 8 hours/week, they never exhaust their 48…
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If you do reinstate, I don't think you can amend the "grace period" - I believe it would need to follow the COBRA laws ... if the due date was the 5th, then he'd still have the 30 days grace period, essentially making the real due date the 5th of th…
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I am assuming the laws in your state are similar enough to those in mine ... I believe you must immediately file a first report of injury with your carrier, and include as much info about current treatment process. Then you or the employee could no…
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It may depend on the laws of your state ... my experience has been that the time away does not need to be paid by you, but it is then paid by work comp - therefore, increasing the costs of the claim, which will ultimately come back as increased mod …
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I know that our local schools place warning notices on the entrance doors to the school notifying those who enter that "a suspected or confirmed case of Fifth Disease" was diagnosed in a student(s) in the school - and that women who are or may be pr…
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I talked with a gentleman in the OSHA office in Chicago just last week regarding this very issue...his answer was that you record the injury/illness on the 2002 OSHA 300 form and estimate the number of lost and/or restricted days that will be associ…
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You may want to evaluate if lost wages will be charged to his claim if you refuse to take him back...don't know whether that would change your mind or not, but if so, that could continue to increase the losses that go to your experience rating for t…
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Any loss in their average weekly wage will have to be made up for by your work comp carrier, and that will mean added costs to the claim - possibly resulting in a higher mod factor and higher premiums next year. We bend over backwards to find work …
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You should turn it in to your work comp carrier with all of the facts. They very well may pursue reimbursement of their expenses from the liability carrier for the parking garage - but that is not your issue to pursue.
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It is the state regulation that you are referring to. When the federal legislation is more generous, as FMLA typically would be, the federal law applies. However, don't forget that employees who would not be eligible for coverage under FMLA do hav…
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I will be curious to see what everyone else thinks...here is my thoughts... If they were classes on how to care for a child with a specific medical condition, disability, illness, whatever, then I would think they would be covered under intermitten…
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FMLA does allow an employer to terminate if an employee cannot come back to work after their full entitlement has been taken. And, it seems that most likely you would be ok to terminate. However, I've learned in various seminars that an extended l…
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I would be careful about doing this ... FMLA doesn't protect an employee from disciplinary consequences unrelated to their reason for taking leave. However, if she finds this an undesirable position, and her previous position is open, I would think…
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It depends on how you've worded your policy. If your policy details that you use a rolling 12-month period, their 12 months start on their first day of leave and runs consecutively through the next 12 months ... therefore, starting 11/18/01 and end…
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I was at a seminar last Friday - attorney recommended thinking of it this way ... a full-time employee has a "bank" of 480 hours, so just subtract the lost work hours from the bank.
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I'm not entirely certain that I understand your question - but I'll answer as I understand it... I answer your question by asking "what does your policy say?" Our employment attorney "blessed" our policy that basically says that our PTO benefits a…
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I don't know what the "right" answer is, but I remember a year or two ago, undocumented (and never documented) workers won a lawsuit alleging a number of things including wage and hour violations; the court ordered the employer to pay back wages and…
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We wrote our FMLA policy to require that employees use paid leave available to them (vacation/sick/PTO/whatever) when they are out on FMLA, and that applies to reduced schedules and intermittent leave as well, to maintain their full-time status. Th…
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We have had to deny PTO requests on occassion, or ask staff to modify their request (leave later, return earlier, don't take as many days off, etc) to accommodate the very real needs of business. PTO use is a priveledge and sometimes staff forget t…
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HR Director and HR Generalist are common titles
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I don't know that there is anything "in the law" about this, but certainly the employer has the right to set guidelines for the work environment, provided the rules aren't illegally discriminatory against those in a protected class. Limiting or eli…
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As has been said, it can be entirely dependent on your state law, and I do not know about your state. In MN, a former employee has ONE YEAR to request (in writing) a copy of their employment file, to which the employer is obligated to respond and p…
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$.25 per page plus my time in going through the file and copying it.
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I would go through the renewal proposal by the carrier with a fine-tooth comb. If it really isn't there, you should have the right to demand that they cover this person, and then notify everyone else that from here forward, it is not covered. I wo…
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I would, at the very least, notify the school/teachers that coordinate the students. This is completely inappropriate!
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I was very disappointed at this news as well, and I don't expect that I will be back. Last fall I was out of a job due to workforce reduction (and I did receive MLS newsletters there). I quickly found another job (which obviously was good, especia…
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It sounds by your original post and your follow-ups that her allegations might be false. If so, it's unfortunate that an innocent person will be pulled through the mud if she does pursue the attorney route. I'm not an attorney, and so perhaps am n…
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One additional thought to think about - perhaps you can approach the CEO in a non-threatening way and say something like, "When people take the day off without using their PTO/vacation/sick/personal time, it really disrupts the workplace -- people w…