stilldazed
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We struggle with the concern you have. Our company is too large (or my dept too small) to be the knower of all attendance info in a timely enough manner to satisfy FMLA. As it turns out, we also just happen to have plenty of confirmed instances of…
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I agree with all posts and definitely agree with the difficulty of FMLA. Between it, salary administration, benefits administration, OSHA, staffing, and special employee events every couple of months, FMLA is the single hardest thing my department …
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Sounds like you may have passed the reasonable stage. My next message to the employee might be that accomodation above and beyond what has been tried thus far is beyond reasonable, not required, and will mean that there is no longer an employment o…
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Not sure, unless your state has a dictate. My answer would be my canned answer--"it depends," and "what is reasonable?" I think you have to look at the situation and the information you have. Do you have enough information to make a decision? W…
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Agree with LindaS on the written notification part of voluntary resignation. Leave yourself an out in the letter in case there was some sort of misunderstand. I can't imagine what it might be, but HR folks hear everything from "my dog chewed my le…
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You have an interesting situation, and I'd like to hear some of the other forumites' input, but we had a similar situation recently, not exactly the same but similar. We had a grounds worker with extreme allergies produce a medical statement after …
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Is your question real or hypothetical? My guess is that even though you hire several people at once, their personal experience levels are likely to differ since experience is often the result of personal characteristic (i.e., personal drive to lear…
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I would agree with SMace. I think there is something else going on. Technically, HIPAA does not prevent a employer from conducting necessary business as long as privacy/confidentiality is respected. An employer responding to a legal challenge/EEO…
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Welcome to the forum and post away. Always remember and never forget--there is no such thing as a dumb question, and everyone has been new at his/her job before, including HR folks. One more thing--lots of folks turn to this forum for guidance a…
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Thanks for the research. I think you have raised a point that most HR folks don't want to have to address. FMLA is hard enough as it is without more opportunities for exceptional thinking.
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We would not allow FMLA unless the adult daughter is an incapacitated adult/dependent on the mother (which I would question if the daughter lives out of state). If the daughter were under 18, different story, but I would stick with the FMLA guideli…
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For guidelines on when to term, look to your policy for some criteria that are reasonable, logical, justifiable, objective, fairly easy to apply consistently with other folks in the same or similar situations. As for the referral to a specialist, …
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Sounds like you are talking about only a few days at this point, and if no decision has been made yet, I agree that it's probably too late to let this EE go. I would send the FMLA paperwork with a tentative designation starting 4/4. You do have a …
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Push for an MMI rating from the physician. If one is not available, try to get an answer as to why the worker's recovery process seems slow (I'm assuming you may think it is slow). I would try to get a timeline on how long this worker's restrictio…
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First of all, reduce your situation to simple facts and available options: 1. FMLA--The employee is not eligible for FMLA, but you may have an FMLA situation--not so much because of the diagnosis but because FMLA criteria may be met--hospitalizait…
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Proceed carefully with the return to work/resignation part. As for the benefits costs, suck it up and admit your company be on the hook for the $$. As for return to work and workers' comp, check your company policy and state statute. Work toward …
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I would not take the IME approach. I think it's too much for too little given the other apparent circumstances, but it is out there as an option. I would give a tentative designation, clearly inform the employee about the information need and risk…
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I would opt for a similar strategy as your other responses: tentative FMLA designation (if EE meets eligibility requirements), notify the employee of that, the requirement for clear, valid medical certification, the risk for failure to produce the …
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You hit the nail with your recognition that minimize W/C costs is a challenge. It has to be a team effort--no way one person can have an impact. One of my prior employers had a very good success rate by focusing (almost to the point of extreme) …
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Good synopsis. Don D, if you have copies of prior quotes, the exp mod should be included in the data somewhere near where the proposed premium is calculated. It's part of the fundamental information a W/C insurance company needs to be able to gi…
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Ours jumped from .72 to 1.01 within from 2002 to 2004 and continues at 1.03 for 2005. It has been painful as the exp. mod. directly effects premium costs. Depending on the nature of your company's business, it can also make your company virtually …
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Are you talking about a worker's comp situation or a private medical issue? Overall, I agree with other posters. Your lead mgmt may have agreed to make a change in company policy, but employees need to know about it. In the middle of the game i…
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Looks like it is well covered, but I agree with the 'yes.' Prior employment history does count in FMLA.
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My steps would be basically the same as Linda--designate FMLA and notify the employee that the designation has been made. Since this is W/C, you have the inside edge on getting medical certification. You can and should ask the employee for it, but…
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Don't know if Florida and Maryland are significantly different in worker' comp, but it sounds like your question relates to compensability--trying to determine if there was actually an incident so that a decision on who will pay the ER costs can be …
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That was my first concern as well, but the employer did and now must manage the consequences. This whole case could have been a whole lot simpler had the second opinion step not been taken. My thought is that the second opinion has muddied the wat…
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Agree, and believe that is the value of sticking with medical advice, even if it seems too conservative to a nonmedical HR professional.
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Verify your state's statute on W/C. If you have a W/C insurance company in place, discuss concerns with claims or case mgmt staff. They can be a good source of input. If you are self insured, make sure you are following the letter of the benefits…
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We're in Florida, which is not CA of course. We had a case, different details, but blatant abuse. It was an elusive back injury of a young woman employee who also happened to be a young mother, no witnesses to the incident, sketchy details, a long…
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It can be tough. Best wishes for a successful resolution.