stilldazed
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I agree with Whatever. Without documented medical care going on, there is nothing medical to address--no FMLA/no ADA. Don't make the issue harder for yourself than it has to be. Not to suggest your employee is looking to abuse any policy, but don…
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We had a similar situation with some differences in some of the details. An employee who was eligible for FMLA confided in a supervisor to needing some sort of 'help' and was admitted to some sort of 'facility' as a inpatient in mid January. One o…
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We knew the liability part wouldn't change and didn't have a problem with that. The part we didn't expect was the extended liability for lost wages (approx. $10,000 for 9 months after the term date). In what can't be proven as such but appeared to…
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My organization had a food service worker about a year ago who was out of work for a couple of weeks after a work-related injury (broken finger). During the W/C investigation process, which happened to conclude during that two-week period, we disco…
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An article at the follow web address was released yesterday by e-circulation and is fitting to last week's disussion on intermittent FMLA leave for chronic conditions and medical certification. When I read it this morning, I thought it might be hel…
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Can't promise, but we're trying really hard. We have no overlapping medical certifications in the case I profiled. Each certification so far covers just the period of absence. We suggested something more long term from the employee, and so far we…
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Sure. In this case, the absences are episodic in nature, and the history has extended over months. We can ask for medical certification monthly. Because of the episodic nature, the employee doesn't usually have advance notice that a 'headache' wi…
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Not sure if your question is for me or the original post. As for our situation, my first response was the same as yours, but medical statements we have are valid. It seems that our employee is truly incapacitated for 1 to 2 days at the time on a s…
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We have a similar situation, an employee who intermittantly needs time off for migraines. We have been managing it through FMLA, our employee has been cooperative, and we have validated every absence with medical certification. The work tasks are …
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Your situation is similar to what we've seen in Florida as well. Unemployment is a strange thing. I think it's taken on a life all it's own, has become a primary factor in keeping an economy stimulated, or is being used as a training ground or des…
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I think your twin has been in my office this morning!
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My initial response would be to agree with zlp. You really don't have a way of knowing if your employee is being fully honest with you, and you should act on what you know in a fair way. Maybe I'm just being cynical, but I can't believe the unempl…
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I'm in full agreement with Don D. Nothing in FMLA says you get to know a diagnosis, and HIPAA further prevents you from sharing the information in writing, electronic communications, or verbally without the employee's authorization. It sounds li…
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You should sort the "key employee" issue quickly. Also, refer to your company's policy or past practice on leave of absence (i.e., have other employees been allowed to go on non-FMLA LOA and return to work). Finally, research your benefits guideli…
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Mondays are beautiful, too. They can't help where they fall in the week. Now, I'll wish you all a great week.
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AMEN. I'm dealing with an issue like that today and have had to firmly advise a supervisor this morning to back off of issuing a warning for attendance related to one employee's current FMLA-protected leave and at the same time consider changing …
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Some people take allergies seriously. I'm not an allergy sufferer, but I also have no reservations about considering allergic reations to antigens as serious medical issues if circumstances warrant. Allergic reactions are health conditions, like m…
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I'm not speaking as an answer to the question posted, but as an add on to Don D and others about abuses. The only thing I can see those posters overlooked is the unemployment comp aspect. I've been burned on that several times, even if FMLA was ma…
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Sounds like LindaS has your answer. We have two different types of paid time off--PTO & CTO. PTO is for all types of absence that would not otherwise be classified as company business. CTO is personal catastrophic time off and can only be use…
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Thanks for asking your questions, and thanks to everyone else who answered. One of the projects that hasn't risen from the bottom of the stack yet on my desk is to revamp our leave of absence policies. It's taken us 2+ years to get a grip on FMLA.…
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I think you're right to be concerned. If the difference in the way situations are handled is based on the fact that the "woman" is "pregnant," your policies should be ammended to eliminate the "discrimination."
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Remember that you can ask for a treatment plan. At a seminar I attended recently, an attorney presentor advised employers to get the employee to sign a HIPAA-compliant authorization for medical information for FMLA situations. With an authorizatio…
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Remember that ADA essentially requires case by case analysis. Asking whether psoriasis is an ADA-covered condition and getting a simple yes or no is probably not valid. Check the criteria for an ADA disability and speak with the employee/get medic…
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Sounds like your employee may have had an approved leave of absence, but not an "FMLA" leave since she had only 6 months' service when the maternity leave began. Remember, fundamentals of FMLA are that the employee must have at least one year's ser…
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I don't know that the FMLA actually spells out that you have to administer consistently, but legal judgments definitely lead us all to believe that the more consistent we can be, the more effective we are for the companies who employ us. Consistenc…
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Thanks to Balloonman and you. For right now, I think I have it, and we are administering correctly. That's not to say I won't need a refresher tomorrow!
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Please tell me if I'm misunderstanding your explanation, but what you describe sounds like the "Option 3" method for calculating--"12-month period measured forward from the date any employee's first FMLA leave begins." The DOL handbook (Pg 101) des…
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We use a rolling calendar method of counting. I'm having a little trouble understanding your question, but I think we had an incident that is similar. An employee began an intermittent leave schedule (we'll say in Jan) and used 12 weeks before 12 …
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I agree with the two posts to deny the vacation. The employee's vacation request is a request, and the employer has the prerogative to approve or not. If the worker expects to be out of work for an entire 12 weeks, her position, her department, an…
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You may be thinking of a legal ruling that was in the news about a year ago. As I recall, the issue was that the employee satisfied the workhour requirement but was a week or so short of one year of service, had that much time in time off banked to…