stilldazed
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Good question. We've had similar situations in our organization. While I can't ensure that we or you won't get challenged, we have based wage increases on our policy. In situations where the employee's presence was required to satisfy some sort o…
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Sounds like you are confusing OSHA recordability status with workers' comp. The first aid status is for OSHA recordability purposes. Don't report first aid cases on your OSHA log. As for the costs associated with first aid, it is handled as your …
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We typically keep employment status and benefits in place until MMI. Rarely, I have found that a situation extends beyond 6 months, maybe one every 3 to 4 years. Florida W/C will encourage the physician to declare MMI per medical guidance tables, …
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Agree with prior posters. The details are none of anybody's business in the workplace except the employee. All HR needs is medical certification--no diagnosis required, nor are HR folks entitled to the diagnosis. If the worker chooses to share in…
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Welcome to the Forum. I agree with your other response. You probably have a couple of considerations. First, consider FMLA, whether you are required to offer the protection and whether the worker is eligible. Then research your company policy to …
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We make up something in a poster format distributed via e-mail to workers and/or supervisor staff depending on the message. It's not daily, the messages are specific to experience going on in our organization, and the messages are simple. I genera…
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My thought is that you would do the same you would do with any other worker--expect the worker to produce the documentation you need to properly administer FMLA. You may be in a gray area because of the language/out of country issue, but your emplo…
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I respect LindaS' position, but we have used our policy that requires call in periodically on a more frequent basis than FMLA, and because we are consistent with it by requiring the same for non FMLA situations, it has proven successful, legal, and …
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My upfront standard warning to other HR folks (based on my experience and not what I perceive to be my expertise): Do what your policy allows, requires, and is consistent with others. In my company, we do exactly what you are proposing--send a le…
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Definitely understand the frustration. Have been there and done that, but take great care about mixing subjects, especially when it comes to something as difficult as FMLA. In your frustration you describe a potential work performance issue, and t…
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I would follow Marc's steps as well. I think you are currently talking about FMLA that can transition into ADA without warning, so you should address the current issue and prepare for the other at the same time. Send a position description with th…
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1. If your attendance policy allows, you can ask for document verification from the worker, and hopefully you would be asking for it consistently, every time, every employee, every like situation. If your policy doesn't allow, consider adding it f…
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We have one, fairly informal, but it focuses on training and uses attendance/proficiency testing as the objective criteria that is measured. Our work environment is very different from yours--no collective bargaining. I have worked elsewhere in …
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Best idea I've heard yet today. Let's all take the rest of the week off!
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You're correct on the 'twist' part. That would be a very interesting twist, and the situation at hand more closely mirrors some of those 'real life' situations that leave employers struggling with what to do. You can bet that regardless of the emp…
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With your employee's authorization, you can contact the physician, but if you ask for it in this situation, you should ask for it with every situation and then depend on the employee to furnish or not furnish the authorization. Find a copy of a HIP…
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Follow your policy on progressive discipline, take the next appropriate step per policy or per previously communicated, and do not mention the medical issue during the process. If the employee brings up the subject, offer the employee the opportuni…
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Sounds like you've passed a major magic moment in long-term w/c issues that would be good to consider in the future. Not to sound critical, but manage the mess the best you can to get your company out of it with minimal expenditures and learn from …
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Agree with the others. If you have a strong policy and have stuck with it in the past, stick with it again. If you stray for one, get ready to stray for more. As an alternative, there may be a way to simplify the form, if what your workers say …
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Understand completely about the state law thing, but Florida is relatively unregulated at the state level in employment law. There are a few, but nothing like California. There is no extra leave law in place.
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I hear you and have been there and done that. Just remind yourself that you are not cold and heartless. You are really caring and compassionate in that you are thinking of the other workers in your company and ensuring an element of fairness witho…
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12 weeks is 12 weeks. An extension beyond FMLA would be based on your company's policy/precedent, but the FMLA part won't extend unless she also rolls into a new year (based on how your company counts FMLA years). Sounds cold and heartless, and s…
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Again, I think the safe bet would be to follow the precedent established at your company. As for mine, our routine with intermittent FMLA is to request certification with any status change and evidence of medical care with any absence. That is a d…
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Check your company's policy or prior experience; however, regulation requires no more often than every 30 days. See 825.308 of FMLA for specifics, as there are a few that dictate lesser frequency or a new certification if a status changes. As an a…
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I have found myself in similar situations and can share what worked for me. I can also share my concern about exactly what my responsibility was, so there was a personal delimma to reconcile as well. In my case, I actually did not disclose anythi…
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Unless there is something at the state level where you are, you can design anything that works for your organization that goes above and beyond the FMLA baseline and keeps you in line with employee benefits requirements (if you're insured). The cav…
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Agree with Dfox. Get the DOL form completed to help you with your decision. You may also want to include a job description with key responsibilities to help the physician make the best possible decision. Aside from that, take care that you don't …
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Our policy requires the use of PTO, whether the absence the employee is eligible for FMLA or not. Our STD is voluntary, and we are not self insured. There is a 7-day waiting period. If the employee has STD, he/she can file a claim. As the employ…
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Not sure how well my document content may come through. I'm copying/pasting from MS Word. Maybe you'll get enough to make sense of it and make your own. I have it set up with field codes to enable auto updates for date, employee name, dates of re…
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Agree with Larry & JS. As a learning opportunity, consider getting a signed RTW agreement from the injured employee at the time modified duty work is offered. Include some verbiage in the statement that discusses consequences for not working a…