Deeter
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You cannot retroactively designate FMLA - but you can designate going forward. Be sure to check your eligibility requirements.... See 825.208 (c) - However, if you did not learn of the need for leave.... refer to 825.208 (d). Hope this helps.
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Don - right on! FMLA interpretation is extremely complex.... Our company does not give managers or supervisors the authority to make decisions covering FMLA, ADA, etc....... I could tell you some litigation horror stories!!!!!!!!!
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Contact your Department of Labor.
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The employee's eligibility for FMLA is as of the date the leave commences. If the individual has been on a non-FMLA qualifying leave for two months, then in order for her to go on an FMLA-qualifying leave, she would have to return to work. FMLA de…
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Finding an attorney is not the only solution to your inquiry. You can contact your local DOL representative who will assist you in understanding your rights under both FMLA and the ADA. If you company had a work rule regarding notice of absence or…
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When you receive notice that your employee is pregnant, Don is correct in that you should provide appropriate notice and have documentation for absences related to the pre-natal events. If the individual's circumstances change, as you describe, be …
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Publication 1419 - page 24: "The regulation has also been revised in pragraph 825.114 (c) to delete the reference to 'voluntary' treatments for which treatment is not medically necessary, and restrict the exclusion to cosmetic treatments (unless in…