HR Jones
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Here is the website where all forms/posters/notices from the DOL for the new FMLA regulations can be found: [url]http://www.dol.gov/esa/whd/fmla/finalrule.htm[/url]
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I think what you missed was that the bonus they are talking about is strictly based on Attendance or Safety. If a company gives bonuses based on an employee having perfect attendance - the FMLA time that they were out cannot be counted as them bein…
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I agree with Linda and have done the same. As long as the letter goes to the employee, and the employee brings it to the doctor, it is allowed.
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I would take a close look at that policy - there is nothing in the regs that I have found that would allow you to lessen someone's entitlement. If you know of a place in the regs that does allow for that, please share with us.
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The unmarried parents would each get 12 weeks of leave, for a total of 24 weeks. FMLA only stipulates that a married couple working for the same company has to share the 12 weeks... Or else the regulations would have to say two parents working for…
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The combined total of 12 weeks of leave does not apply to sibling relationships. They would both get 12 weeks of leave individually.
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Your interpretation of the situation is correct, but I have to disagree about it not being able to be considered as FMLA from what I've read about other cases. (Look up Cruz vs. Publix Super Markets, Inc.) That case in 2005 was the same situation…
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Substance abuse is covered under FMLA as per the information below. (d) Substance abuse may be a serious health condition if the conditions of this section are met. However, FMLA leave may only be taken for treatment for substance abuse by a he…
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At an FMLA seminar I went to, this question was raised. At the advice of the lawyer there, I typically give the allowed 15 calendar days with the provisional approval. If they don't get it in, I have given a second provisional approval to them for…
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We receive several forms missing this same information. We have started providing "Provisional Approvals" in these cases, allowing the employee 15 calendar days to "cure the deficiency" in their form. In the provisional approval letter, I state th…
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Right, you contacted them to make sure they had filled out the form. I take that to mean verifying the authenticity of the form, which the DOL has said (see quote above) is only to be done through a health care provider, not an employer.
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Employers are not allowed to contact health care providers under the FMLA. The regulations specifically address it. I also have documentation here from the Department of Labor that says "A health care provider representing the employer may conta…
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Not for separate incidents for the same health condition; but yes, an employee has to satisfy the 1,250 hour requirement if they are requesting leave for a different health condition/reason, even if it is in the same year.
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Since it is a different reason for leave, you are also able to re-check their eligibility to see if they worked the required 1,250 hours.
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I would advise him to explain why he has the gap in the cover letter, or even put a note next to his last position. If an employer would not be able to tell otherwise that he was laid off, than that leaves the potential employer speculating that ma…
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We just implemented SAP. So far it seems to be a good organization-wide program, however, it definitely is not a user-friendly HRIS system. Things that the HR folks took for granted such as pulling up an employee and having summary info immediate…