JAthey

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JAthey
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  • It is possible your employee would be entitled to leave to care for the baby (even if it is perfectly healthy) if she intends to take an active role in parenting it. In that situation, she could be considered a sort of second parent to the baby unde…
  • I try really hard not to BE judgmental, but for some reason it doesn't bother me to judge other people for being judgmental, LOL. Julie
  • [QUOTE=cnghr;720016] Between the more provocative pictures included in that slideshow and her Inside Edition appearance and all the press she's getting for this, I think the girl is doing an excellent job of putting herself out there...personally, I…
  • I agree, Nae, but in all the news reports I haven't seen a single account of men ogling her or otherwise behaving inappropriately about her appearance. If that really was going on, then my opinion of her case would certainly change.
  • Anel, As Cheryl did, I will assume that you are talking about exempt employees since not all salaried employees are exempt. I will talk first about suspensions that are for disciplinary reasons other than serious safety violations. The rule state…
  • I think the consensus is that crazy adoptive mom never named him or that his name was "Brother."
    in Lost Finale Comment by JAthey May 2010
  • Glad you both like it. I had the basic idea after watching the show but I got the "waiting room" term and the parallel to Rose in Titanic from reading other sources.
    in Lost Finale Comment by JAthey May 2010
  • LOL, I didn't even notice how old the original question was, Holly. Oops!
  • They didn't all die in the crash. Everything on the island really happened. The sideways reality was like a waiting room for them to find each other after their deaths. Jack really died in the bamboo field as the plane with Lapidus, Miles, Sawyer, K…
    in Lost Finale Comment by JAthey May 2010
  • That is a very interesting question. I would like to know where you read that this was required so I could check out their rationale. In any event, this is how I would analyze the issue. 1 - Nothing in the FMLA or the regulations states that you h…
  • I wanted to point out that the answer to your question may not be all that clearcut. For example, what if an employee attends a class or takes the licensing/certification exam during his or her regular work hours? In that situation, I think there is…
  • David, Did you make a determination in that case? Paul, Excellent point about a possible manic episode. I hadn't thought about that. Julie
  • Irie, Under the regulations, you are allowed to request recertification if an employee is absent more frequently than the original certification indicated. The mere fact that the employee is seeing a different doctor is not enough by itself to jus…
  • I would try the Kaiser Family Foundation at: [url]http://healthreform.kff.org/[/url] Here is how they describe themselves: "We serve as a non-partisan source of facts, information, and analysis for policymakers, the media, the health care commun…
  • The regulations regarding fitness for duty authorizations appear at 29 C.F.R. § 825.312. Specifically, you need to look at section 825.312(f), which states, "An employer is not entitled to a certification of fitness to return to duty for each absenc…
  • Although the HFA uses language that is similar to much of the language used in the FMLA, it does not amend the FMLA. It is a totally free-standing law. The biggest difference - apart from that it applies to employers who have as few as 15 employees …
    in FMLA and pay Comment by JAthey June 2009
  • Actually, it is a common misconception that exempt employees don't have to work a full 40-hour workweek. It’s OK to expect exempt employees to work 40 hours each week and to discipline them when they don’t. What’s not OK is to dock their pay for the…
  • Just because someone performs exempt functions does not make them exempt. They have to also be paid on a salaried basis. There is no requirement (under federal law, anyway) that you pay employees who perform exempt tasks on a salaried basis.
  • You're right: employees are usually only interested in designating FMLA leave when they're out of paid leave. I'm not sure I agree with the previous posts saying that you can't designate FMLA leave against an employee's will. It is certainly in your…
  • Hello, I am the author of several of M. Lee Smith Publisher's FLSA publications. The company asked me to let you know that the report "Overtime Revisited: The DOL's Final Regulations" contains a step-by-step flow chart for all of the white collar e…