vmiller MO
About
- Username
- vmiller MO
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
Actually, yes. I suggest that you contact your legal counsel for two reasons. First, you need someone who can advise you on the law. The DOL's interpretation of the law is not always in accord with the courts. Second, the attorney becomes a buff…
-
I suggest that you contact AAIM in St. Louis. It is an employer association that provides excellent services to its members.
-
The mere fact that a person has taken FMLA leave does not mean that the person is "disabled" within the meaning of the ADA. In the two scenarios you presented, the FMLA applies to a "serious health condition" of the employee. The FMLA's serious he…
-
I have read the various responses. Allow me to suggest that every one is correct and yet wrong. If the concern is whether an employer is legally required to remove the fresh flowers because of the ADA, then I suggest that that you go through the…
-
Do not assume that this person is a "disabled person" within the meaning of the ADA. As far as you know, the individual has a medical condition, serious but still a medical condition. Assuming for the sake of argument that the individual meets t…
-
I hate to interject additional considerations, but any analysis requires you to consider the applicability of the ADA and/or MHRA. If this employee is "disabled" within the meaning of these statutes, then you will have to consider "reasonable accom…
-
I suggest that you consider the implications of 29 CFR 825.215(e). Vance Miller Editor, Missouri Employment Law Letter Armstrong Teasdale LLP (314) 621-5070 [email]vmiller@armstrongteasdale.com[/email]
-
"hours worked" under FMLA has the same meaning as "hours worked" under the Fair Labor Standards Act, i.e., time actually worked. Exception is if the employee is called to active duty in the U.S. Military (still a debatable position) or if you treat…
-
The regulations provide guidence in this area. 29 CFR Section 825.118 defines health care provider. I suggest that you review the listings in Section 825.118(b), especially subparagraph "(4)." Vance Miller Editor, Missouri Employment Law Letter …
-
Standard defenses are (1) employee is not eligible (2) the reason for the leave is not a FMLA reason (3) complied with the law. In order to discuss other possible defenses, it would be necessary to know what the allegations are. Vance Miller Editor…
-
If the employee wants the leave, then the employee has to supply the certification. The employee can give the certification to the doctor and have the doctor (1) fill it out and give it back to the employee, (2)instruct the doctor to send it to the…
-
[font size="1" color="#FF0000"]LAST EDITED ON 05-02-03 AT 12:10PM (CST)[/font][p]I again find myself in agreement with DonD. In addition, from a defense lawyer's point of view, I have been seeing juries be very sympathetic to plaintiff's in FMLA ca…
-
[font size="1" color="#FF0000"]LAST EDITED ON 05-02-03 AT 12:10PM (CST)[/font][p]Section 825.215(a) defines "equivalent position" to be one that is "virtually identical to the employee's former position in terms of pay, benefits, and working conditi…
-
There seems to be some confusion between FMLA and WC. These are two different schemes, but are not mutually exclusive. I have a suggestion for approaching the analytical issues invovled. First, start with WC. Is the injury a WC injury. If the a…
-
Although it may be irratating to that these employees are well enough to gamble, the fact remains that they have a Federal Right to FMLA leave. The statute states that an eligible employee is entitled to FMLA leave, "Because of a serious health con…
-
If the absence is a FMLA absence, for example, a serious health condition of the employee, the employer can designate the absence as FMLA leave without the concurrence of the employee. Some employers do this and some notify the employee that the ab…
-
29 CFR section 825.114 provides that treatment for "substance abuse" can qualify for FMLA leave if other provisions of that section are met. In addition, the regulation states that "FMLA leave may only be taken for treatment for substance abuse by …
-
It appears that there are really two different questions here. First, is the individual entitled to FMLA leave. Since the women has been working for the company and apparently is authorized to work in the US (proper I-9 documentation), the woman h…
-
Interesting questions. According to the Regs. (29 CFR sectuib 825.202(a) a husband and wife, who are employees of the same employer and who are both eligible for FMLA leave, can be limited to a combined 12-weeks the following reasons: 1. bir…
-
I suggest that you obtain guidance from your company's attorney on this issue because there are potentially severe ramifactions if you are found to have violated the FMLA. The question you ask is fact specific and needs to be analyzed in accordance…
-
29 CFR Section 825.310(g) states, "An employer is not entitled to certification of fitness to return to duty when the employee takes intermittent leave as described in Section 825.203." Section 825.203(c)(1)states, "Intermittent leave may be taken …
-
I am not sure what your management read. 29 CFR Section 825.215(c)(2) addresses the issue of bonuses for perfect attendance. Just because one changes the name does not mean the substance has been changed.
-
I am still curious as to what does "surrogate mother" mean? If she has no biological connection to the child, i.e., is not the mother, then from a FMLA perspective she would have to meet the foster parent or "in loco parentis" definitions. If she …
-
The statute defines Son or Daughter to mean "a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is (A) under 18 years of age. . ." The regulations use the same definition. The q…
-
You can only designate such paid leave (sick or vacation) as a "substitution" for unpaid FMLA leave if the leave itself qualifies as FMLA. You may want to check 29 CFR Section 825.207 which deals generally with this issue
-
I agree with BSA. The regulations, 29 CFR Section 825.118((b)(1) include chiropractors in the definition of "health care provider" as long as their "medical services" are "limited to treatment considting of manual manipulation of the spine to corrc…
-
I know that this will sound legalistic, but it cannot be helped. The regulations require that an employee returning from a FMLA leave be returned to the employee's former position or "an equivalent postion." "An equivalent postion" is not legally …
-
The regulations provide guidance on this issue. 29 CFR Section 825.107 defines "successor in interest" and the obligations of such a successor. If the purchaser is a successor, then the employee's entitlements under FMLA are the same as if the emp…
-
An oral agreement is enforceable. What you really are confronted with is a matter of proof. Obviously a written agreement is harder to deny. Nevertheless, oral agreement are enforceable, but as you now see the union can deny the agreement or clai…
-
There is also an argument that you have established a "past practice" in this matter. Of course, I am assuming that you told the union/employees about this change a year ago and that you have actually applied your rule since then. It is always int…