Carol CA
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- Carol CA
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Here in California we always do things differently. We would NOT pay someone sick or vacation if they are out on Worker's Comp., except for the first three days. Worker's Comp payments kick in after three days and they would be the sole source of …
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We also require all our workers to wear safety glasses and prohibit tinting when they are inside unless they have a doctor's note requiring the tinting. We see it as a safety hazard if they are wearing tinting.
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When you fill out your OSHA 300 log you have to catagorize your worker's comp incidents as injury or illness, no lost time, restricted work days, or lost time. Lost time would mean he cannot work for you and so needs to be paid through worker's com…
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Sometimes you can accomodate workers on light duty and sometimes you can't. It depends on the nature of your work and their restrictions. It always is in the company's best interests to try to find some sort of modified duty where you can - even i…
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I agree with the above. File, but give the insurance company a big heads up. Unfortunately, you may be on the hook if his work "aggravated" the pre-existing condition.
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We provide light duty where we can. It is on a case by case basis as every injury is different and the restrictions/modifications are different. Sometimes you are able to accommodate, and sometimes you can't. As to injuries that are not work rela…
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What would you have done to another employee in a similar situation who had not had a W/C accident? Would you have warned them about their low productivity? Would you have checked their computer while they were at lunch to see why they always clic…
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Another thought - once the employee is declared permanent and stationary, although he may not be able to return to work for you, that doesn't mean that he can't perform some other types of duties for someone else. He could get a permanent/partial d…
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Well our guy was able to find a quack. I did get the doctor's note confirming he needed to be off work for a month. I even called the doctor's office to confirm it was official. When I said we probably had modified work available, they told me to…
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You state in your first sentence that this employee is out on Worker's Comp. What would you normally do for someone on W/C? I am also assuming that since it is W/C that he is going to a doctor of your choice? You have a right to talk to this doct…
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You've got a tough one on your hands because no one wants to be the "potty patrol" and have to determine who REALLY has to go and who doesn't. We are also a production facility and let people know they can use the restroom at break, lunch, and "as …
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With all the privacy concerns in California, we don't ask for details. If we get a doctor's note stating the employee needs to be off work, that is good enough for us. We would ask for the general reason, but don't need the nitty-gritty. We haven…
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I would agree that the company car is supposed to be used for business. If the CEO can't drive, he can't use it for business. The Interim CEO should get it while she is performing the duties, and give it back once the CEO returns to work.
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I try not to get involved with an employee's personal life. Her "attitude" may have changed, but that is such a nebulous thing that I usually don't address "attitide". Instead I concentrate on what is concrete and work related. For example, letti…
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I would agree too. She would still owe you for any employee portion of the premiums that she did not pay while out on FMLA, but not for the full amount of the premium.
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Thanks for the feedback everyone. I thought I was on the right track, but it never hurts to get confirmation!
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Although I had a hard time following your question, if I understood it correctly, his insurance was cancelled due to non-payment of premium. You should be OK with this. The FMLA requires you continue to offer benefits like you would to regular emp…
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I would agree with WT that it would remain unpaid. We had a similar situation where an employee's family member passed away while we were on our plant shutdown. We did't give the employee additional bereavement leave, because they were already off…
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Ditto to Theresa. There is no reason why you should be more generous to employees who have been with your company less time than those eligible for FMLA. Stop your current practice right away. Either give more time to everyone, or cap at the 12 w…
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I would be very, very careful. You cannot discrimminate against someone or retaliate against them for filing a FMLA claim. You mentioned concern that you would be treating her differently than other employees who had not taken FMLA if you institute…
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Hi Les, I glad to hear she got the leave, but then my next question is, why is she wanting it to be FMLA? Does she realize FMLA is unpaid? You obviously protected her job while she was gone which is what FMLA will do. Does she have other attenda…
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OK - maybe legally you don't have to grant a FMLA leave. But what are we talking here? An employee takes 7 days to help a brother on death's door who has no other family member nearby to help him, and you are going to fire her for that? FMLA is n…
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I'm no attorney, but my two cents would be that you don't have to pay in either situation. The Attendance Award is pretty black and white -- either you are there or you are not. You are not "disciplining" someone for being out on the FMLA leave,…
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Take a look at your state laws. Here in California there is the PDA - Pregnancy Disability Act - where the employee is entitled to 4 months off due to pregnancy disability (this is separate from FMLA and cannot run concurrently). Once that is exha…
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We have three shifts, 8 hours each (which a 1/2 hour for lunch), resulting in a 1/2 hour overlap with each shift. We use this overlap between 3rd and 1st, and 1st and 2nd when we need to hold meetings. This way the off shifts feel included and hea…
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You'd better start investigating and documenting fast! You say they have not contacted outside counsel as yet, but if they think you are blowing them off again, they could very well take this up a notch where things can get very unplesant. You wil…
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I've also had a bad experience with the Employee of the Month elections. At the time I worked for a Hotel, and it became so political in spreading the winners out over the various departments that it became somewhat of a farce. If someone from Foo…
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I agree with the above. I know it hurts not to be asked. You'd like to be asked even if you don't want to go. Perhaps your boss picks up on that and doesn't invite you because she doesn't think you'd be interested. At any rate, move on. Look at…
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This is a really tough one. People spend more of their waking hours with people at work than they do with their own family. It is natural that friendships will evolve and it is natural that you will like some people better than others. You will a…
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We are a manufacturing company and have created employee-run safety teams. These teams each have about 15-20 hourly employees from production, maintenance, shipping/receiving and quality. They elect a team leader and a safety rep. The team leader…