stilldazed
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If your company wants to be more generous that FMLA, you certainly have the option to do so as long as your policy supports the generosity and you are consistent with administration. FMLA would extend to the significant other only if your state all…
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Agree with the others. I think your part is to direct your worker and her husband to the local SS and/or Medicaid office for info. Try not to let yourself get caught up in the emotionalism. Then, ensure that you are admistering your company's pol…
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I think I agree with the legal consult at this point. I actually think it might be quicker & cheaper in the long run for your company than sending the worker for a second opinion. I'm not sure you have an out for your company, but thinking th…
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When you say that WC or ADA are applicable, do you mean that this is a workers' comp sitaution? Also, what is your company's policy on extending LOAs? Is there an anticipated RTW date in the foreseeable future? Is this your company's first situat…
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We're in Florida and have a few instances of agency staff injuries in the past. My presumption is that your labor pool is a similar situation as agency staff for us--worker is actually paid by agency to come into our facilities and perform work for…
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I know it seems a little counter intuitive sometimes. An easier way to remember is to let the experts be the experts. An employer is the administrative expert to ensure that procedural steps are taken appropriately, which would be you. The medica…
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Technically speaking, yes, and agree with Irie: give the doctor the FMLA definition and let the Dr. decide. Having seen the Dr. and having an Rx satisfies the definition of 'regimen of care,' regardless of the diagnosis. You may find it helpful …
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His court is where you want the ball in FMLA. Maybe things will work out well.
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I think you have an employee that has grown lax with the system. You need the Dr. stmt because (hopefully) everyone else is required to produce one. You may have to given an ultimatum, but if that's what you have to do, that's what you do.
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You are not required to make an accomodation. You are only required to consider whether an accomodation that employee asks for is reasonable and then act according to your assessment. Your worker must be asking for you to accomodate the jail time…
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Your situation sounds like training issues to me, which may lead to a different ending. First, if your company provided and can document that adequate training was offered, you have one thing. However, if your training is lacking in anyway, the …
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Thank you for the reference. I took some time to read Cruz & some info about another more relevant case, Navarro v. Pfizer Corp.' Respectfully, I am willing to concede that you have an FMLA situation based on a couple of more details: Is there…
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If I understand your post, I don't think you have an FMLA situation, but for the sake of clarity I will restate your dilemma--please confirm: 1. Grandmother is your employee and has an adult child with complications during pregnacy. 2. Mother is t…
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If she meets eligibility requirements for FMLA, I would give her the FMLA protection for the 2/28 - xx/xx period as noted on the Dr. stmt. It sounds as if you may be trying to determine whether the Dr's. stmt is valid, and that is not really your r…
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Agree with Nae. Sounds like you are taking appropriate steps at this point as far as the beer bottle is concerned. You tried, didn't get a confession, and you have no evidence that clearly shows who put the bottle in the restroom. Also, agree tha…
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You have a situation that can be very risky, but I think you can resolve it quickly without consideration for so much hearsay evidence (you seem to have a lot). Stick to the simplest set of facts you have, and that is that the worker is in a probat…
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We actually have a physician and 2 PAs on our staff who are expected to make housecalls on our campus if called.
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I think I'd exercise the employer opportunity for second opinion, and I would address the absence pattern with the worker. FMLA is FMLA, and attendance and absence patterns are potential disciplinary moves. There is nothing wrong with asking the w…
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Thanks for the follow up. Win/win! I like those. They help you look to mgmt like you are getting your job done effectively, and you don't make enemies with the workers. Best of everything. Congrats!
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To echo Mace, this can be a complex issue, but you can terminate, especially if you have no history of having extended extra leave to others in the past. I would suggest that you take careful steps, and by all means call an attorney if you have an…
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Probably is FMLA, so the safe step to take is to offer the protection pending medical certification. and ask for a medical stmt to confirm. .
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I would say that you have an FMLA situation. They key is whether their support (physical, medical, social, psychological) is necessary, and I would think that very few doctors will say that a child's presence with a parent is not good (unless their…
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Thanks, and glad it was helpful. Sounds like you have exactly what you suspected, a representative of the 20% that keeps us busy 80% of the time.
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How long has this worker been with you? In a simple answer to your question, a better option might be to direct the worker to take a copy of the job description (with physical requirements for the job) to his physician so the physician can review …
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I'm curious. Has either worker actually asked for an accomodation? What did they request? That the discipinary issue be dropped or that they no longer have to work with coworkers or what? It is true that you have an affirmative duty to respo…
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Agree, and the morning sickness would be the incapacitating part. Next question, is the worker now asking for continuous time after 32 weeks, or is she asking for you to be prepared in the event she needs to be absent due to something like morning …
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Is the employee asking to be off from work now? She must be incapacitated due to pregnancy. Baby bonding would not start until the baby is born. Maybe I'm not clear on your situation, but I'm not sure I see the need for the Dr. stmt yet, unless…
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I would agree. Sounds as if the software is nonnegotiable, so the choice for you would be whether there is a reasonable way to modify her job so she can use the software. If there is not one, then there is not one. If there is a way but it is not…
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Try to keep your head clear and not let the situation get any more complex than it has to be, and I'm not clear I understand exactly what the issue is. ADA doesn't require you to keep workers who are not qualified for their jobs or for whom unreaso…
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We haven't seen any requests yet, and our records over the last couple of years or so don't include any requests for FMLA leave to attend to military family (to my knowledge). However, I will include a blurb in our training materials, policy, and h…