stilldazed
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You know your situation and your comanagement team better than any of us, and you may be absolutely correct in your assessment of the situation--no opportunity to cover your company with documentation. I, for one, can say that I've "been there &…
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We've had limited experience as well with doctors who offer the bare minimum of info. When faced with that issue, I have iterated to the employee that providing what we need once we ask for it is his/her responsibility and the effort to get the inf…
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I had a message that seems to have been lost in virtual HR land somewhere. Anyway, if it reappears, I apologize for the duplication. If you happen to have a copy of DOL's guidance on FMLA, reread the family leave part: "The legislative history cl…
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I am also not exactly an expert, but Rx info is private (covered under HIPAA) and could give you enough information to get you in the ballpark of a diagnosis--not permitted under FMLA. You can provide the employee with a DOL medical stmt and ask fo…
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Thanks for the info. I had no idea but will definitely look for more news on the subject. tks,
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I don't think I would move to termination, but I would address the fitness for duty aspect of being a healthcare provider. You didn't mention whether the nurse is LPN or RN, not that it matters much, but licensed nurses have a duty (to their licens…
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Agree with other posters. Process the report as if it is w/c, and it would be to your benefit to offer treatment or insist on a medical evaluation. If there really is something wrong, you will have done what you should do, which is not stand in t…
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Under FMLA, a need to be present and provide emotional support for a parent is a covered event. best wishes.
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It would be appropriate to re-present the worker with the job requirements, clarify performance gaps, develop an improvement plan with specific expectations, and implement it. If the worker insists he cannot do the job, turn a deaf ear to his "age"…
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Agree with Nae. Like it or not, move the ball to the doctor's court, go with what he certifies, and you will stand the best chance of keeping yourself out of court. FMLA administration does not certify HR folks to be doctors. Giving the benefit…
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Agree wholeheartedly with the 'playing doctor' issue. Not that I concentrate on wages, but I sometimes think I don't get paid enough as it is. I can't imaging wearing a Dr. hat also. I'd really be a bargain for my employer. As for putting the in…
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We do not require custodial help to wear steel toes, but we do require slip resistant footwear as part of their uniform. As for the diabetes thing, we have no experience with that. If I had that situation, I think I would offer the worker steel …
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Search some of the HR Hero Law Letter sources. I found the following at a single attempt, may not be exactly what you're looking for, but it could be a start: David J. Middlebrooks, Albert L. Vreeland, II, Editors Lehr Middlebrooks & Vreeland…
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Obviously, there is no FMLA protection because of length of service, and your policy leaves the option of granting approved leave to you. My advice would be to stick with you policy, which would be to not commit to giving her the DON position if/wh…
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I'm not an expert on shingles, but CDC would be a good source of info as well. It is a form of retrovirus, similar to other herpes viruses--both genital and nongenital. About 80% of the US population has a nongenital form--more commonly known as c…
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Without knowing more of the details and considering that FMLA encourages giving opportunities to workers, I would opt to give an extension and base it on the worker's best guess for when the physician would be available. I would also clearly commun…
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A challenge of FMLA is remembering not to play the role of the physician if you are the HR person. Whether you agree with the physician or not doesn't change the FMLA requirement--if the employee is eligible, he/she has FMLA protection if there is …
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Check you state's regs on w/c, but is she still under active medical care? reached MMI? Florida requires that the employee be declared as MMI (maximum medical improvement) by the w/c physician. Depending on the level of impairment (if there is …
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Unless there is something state-specific in Oklahoma--and depending on whether all of your employees are covered on your OK policy, you have an obligation to post 'in a conspicuous place' for your employees to see. The general idea is to ensure the…
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Remember also that if the leave of protected by FMLA, protecting the employee's benefits is part of the objective. The worker should not be responsible for any more of the cost of the benefits than he/she would pay if actively working.
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Another consideration is to look at the timing of payroll deductions vs. insurance invoicing/payment. In our situation, payroll deductions are collected the month prior to the month of coverage because payment of invoices on most of our insurance p…
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Workers' comp is usually limited to treating the injury or illness that occurred in the workplace plus any secondary issues that develop as a result, and not compensating for underlying conditions. If your worker was on the clock when the fall occu…
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You have a couple of steps available: 1. Discuss with the worker your understanding of the physician stmt and ensure that you and she are on the same page. If not, submit a copy of her job description to her physician (through her) and ask for sp…
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Yes, if all of the missed time is due to the same diagnosis and there is medical certification available. See Sect. 825.114(a)(2)(iii) and 825.114(e), both of which describe that absences of less than 3 days can be qualifying if the medical conditi…
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If you have a copy of the Fed Reg version of the FMLA legislation, point your attorney to the discussion about how to determine the amount of FMLA time left available. Unless I misunderstand the discussion, there is no reference that the employee m…
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We in-house as well. Part of me would LOVE to outsource FMLA, but the volume of work that goes with it would probably require me to give up a position in my dept. In a quick break-even analysis, I would estimate our cost for in-housing at apprx $3…
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Your case really sounds like an intermittent FMLA situation and not a continuous one. If you are consistent in requesting medical statements on all intermittent cases, have done so in writing, and have requested one in writing with this situation, …
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My position would be to agree with LindaS. And as for the fear of litigation, litigation is a potential outcome in every HR issue. Not trying to sound cold hearted, but litigation is a very real part of HR work. As a devil's advocate, you have a …
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ADA requires case by case analysis, so disorders of the back that 'significantly limit' a 'major life activity' could be covered by ADA, and then you would only be required to consider an accomodation that is reasonable. Another consideration is wh…
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It really depends on your policy, but you can count the follow up appts as part of the continuation if your policy allows. As the prior poster mentioned, if your policy requires that workers use PTO (in case you have PTO), you can also require that…