stilldazed
About
- Username
- stilldazed
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
We're in Florida and for health insurance offer HMO & PPO, employee only and family only (no emp/ch or emp/sp). Our company tells us that if we add any more tiers, the cost of the full family policy would price out of the affordability range. …
-
I also agree with Rita and Nae. We've seen bills as high as $75. We have refused to pay and still held the employee accountable for providing medical certification. It is the employee's responsibility. What we have also seen in the past is that …
-
If your policy allows, you can prohibit T-shirts with emotional or disruptive messages on them, which should not limit them solely to political T-shirts. If you prohibit other messages that can be offensive or disruptive, you can prohibit political…
-
Agree with Linda. FMLA has it limits (though they seem few and far between). Ensure that the message is clearly communicated that attendance call-in and other relevant attendance requirements are still in place (unless you are waiving them for eve…
-
I think you're really referring to a moonlighting policy, which is separate from FMLA LOA & working elsewhere while on LOA from your company. If your suggestion is to restrict your employees' off-work hours, you should research consider that t…
-
Unless his first absence exceeded 3 days, included an in-patient confinement somewhere, is part of an intermittent/episodic medical event, or was to care for a family member, it does not qualify for FMLA protection. His absence from work would hav…
-
If your employee has not yet returned to work, get the letter out confirming the FMLA designation from the start of the absence, as long as medical certification is available. If you have access to case law history, find Ragsdale v Wolverine World …
-
Because of the way your information is presented, I presume that there is no doubt that FMLA applies to the situation. Three steps: 1. Research your company's practice to see if there is a precedent. 2. Require documentation from the supervis…
-
Agree with Linda. Talk to the worker asap & before her next work shift. Present the message as a performance issue that must be corrected and outline a plan of correcfion of some sort. Stay away from the ADA issue unless she brings it up. …
-
My recommendation is to seek legal counsel. PDA adds pregnancy to Title VII protection under as a gender characteristic since only women get pregnant. Check your state's regulations as well as most states have a Civil Rights Act and explicitly inc…
-
Also check your state's drug testing guidelines. In Florida it's part of w/c legislation. If your drug testing policy is complete and the legislation allows, this fella could be moving very closely to a reasonable suspicion situation, which would …
-
Dear Dr. xxxx, Your patient, _________, is an employee of our organization and has requested a medical leave of absence from work. To adequately assess his/her request, we are attemting to identify whether he/she can perform any of the duties asso…
-
I know that you know to look for state-specific or policy-specific guidance. Apply your company's attendance policy, either with or w/o medical statements (as your policy dictates). We've had similar situations and have let the folks go. Seems co…
-
Makes no sense to me either. An absence is an absence and doesn't really say anything in and of itself. I have never worked in a union situation, but I can't imagine that the contract can dictate such an insignificant detail or how you get your j…
-
Before an outright denial of FMLA coverage for the absence, I think I'd ask whether the purpose of her attendance to the legal visit is to stand in for her son who cannot be present or assist her son in some way by providing physical or emotional su…
-
My thought is that you can work through a physician that represents your company, or you can get the employee to sign an authorization allowing you to contact the physician directly. You're fairly limited otherwise. Yet another option is to ask th…
-
Agree with prior posters on the FMLA part, and agree to confirm whether your state has some local regulation. Florida passed a year ago a domestic violence law and this year passed a sexual violence law. Neither helps you in your state, but it see…
-
I agree that what you should or should not do may be state specific, outlined in your state's w/c legislation, and potentially other legislation that regulates your state's workers on medical leaves of absence. I also think that your worker's prese…
-
Hope things work out well. Please keep us posted.
-
I generally agree with other posters: it is generally OK, and I would have done it differently. Even in the face of having sent the info already and having an inquiry from the employee by e-mail, I would work to stay out of the ya-ya by email. Yo…
-
I have done actually done a RIF with a worker on FMLA LOA, but I have seen it done, and in a way I thought was a compassionate as it could be. The RIF date was during the worker's FMLA period. The FMLA period was allowed to run it course, and the …
-
If % of earnings, the basis for the bonus, is based on quantifiable performance (actually making x $$ in sales or producing x # of widgets), then you can reduce the bonus by the amount of 'production' the employee did not accomplish during the FMLA-…
-
Suggest you get clarification from DOL sources and reference 29 CFR Sect. 825.215(c)(2). I have the following excerpt in an FMLA administration guide (Nutshell series): "Bonuses for perfect attendance and safety do not require performance by the e…
-
I think I take that approach as well. Your lead in, of course, is his recent absence. Unless you have a fitness for duty stmt from his physician, you really should confirm whether he can or cannot perform his job duties, and until you get a confir…
-
If your company endorses the practice, allows it to occur in your offices, and expects employees to perform work activities while sitting on the balls, a fall in the workplace will be considered a work-related event, i.e., subject to w/c & liabi…
-
I absolutely agree that recertification is an option, and questioning past absences is an option if initial certification outlined a different expected absence schedule. My apologies if my posting implied that doing so is not an option.
-
You will have to have the employee's permission to contact the physician yourself, as well as to send the worker's attendance history. If you already have a 3-month certification for intermittent absences, there may be nothing more you can do about…
-
Can't speak for NM, but not in Florida. The employer is responsible for the cost of the visit itself, and if the worker travels and incurs mileage, he/she can be reimbursed for mileage to travel to/from the visit. Comb through your state's w/c re…
-
I found a quick reference that references 3 years, 29 CFR 825.500. We happen to keep ours longer--the life of the employee relationship in an HR medical file, and consolidated with all other employee records in a single jacket for a period of years…
-
You can do an RIF if business circumstances require, and include employees on FMLA LOA if their positions are eliminated in the RIF. It is easier said than done, especially if the only person to be let go is one on FMLA LOA. Not sure the size and …