Geno
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Question for Ethel Ethel, I thought about your question last evening and while you didn't mention the word, I was wondering if all the angst surrounding your issue was because of some COBRA concern? To Down-the-Middle Good question, and yes, all …
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[font size="1" color="#FF0000"]LAST EDITED ON 02-09-05 AT 04:13PM (CST)[/font][br][br]Hello Ethel, Who or from where did you get the notion that you could not make amendments (we call them "drops" and "adds" and we do it all of the time) to your li…
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Have you considered asking the employee what steps he has taken on his own to alleviate his hearing difficulties? I’m thinking along the lines of his possibly benefiting from a hearing aid (which you are under no obligation to supply) and not one o…
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"I have an employee that has been with us for 25 years. He went home on Monday afternoon and told his supervisor that he wasn't feeling well. We haven't heard from him since. I've tried to call, no answer." You didn't say whether or not you've had…
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josie, Try Section 825.215 paragraph (c) (2). Geno
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According the GE Consumer and Industrial Lighting Website, a fluorescent tube contain a gas mixture of argon and mercury vapor. "Incidental exposure to fluorescentlamp contents is not harmful. The basic phosphor used in the manufacture of fluoresce…
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"Should we send him for another opinion? Company expense?" Yes, and yes.
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[font size="1" color="#FF0000"]LAST EDITED ON 09-29-05 AT 11:11AM (CST)[/font][br][br]Congratulations on not having to deal with FMLA to date -- well, sort of, because in the sense, that is part of the problem. With 120 employees on board, your em…
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Larry, Genrally speaking, the answer to your question is no. Section 825.213 of the FMLA regulations: [url]http://www.nalc.org/depart/cau/pdf/fmla/60fr2180.pdfwill[/url] contains a complete answer to your question. Geno
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Rockie, Did the employee notify the employer of her need for FMLA prior to her departure? If she did, what was she told? In other words, was she told that she would become eligible on such-an-such date?
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Question: "...if someone's spouse has cancer does it automatically approve them for FMLA?" Answer: Practically speaking -- yes it does. We are all stuck with the law. Don’t ask me why (given the questions on this forum) but recent surveys indic…
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[font size="1" color="#FF0000"]LAST EDITED ON 09-01-05 AT 08:56PM (CST)[/font][br][br]MB, Follow marc's advice and while you are waiting for the mother's health care provider's documentation to be returned to you for evaluation, do yourself a favor…
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"Can we require her to pay back her benefits?" Yes, under certain circumstances. But before you implement such a policy, think about all of the ramifications (good and bad & now and in the future) of doing so. That said, Section 825.213 of t…
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Me thinks that you are fusing two separate issues into one. The Fair Labor Standards Act (FLSA) allows the employer to deduct from the exempt employee's salary for full-day absences. It is within the employer's discretion to pay or not to pay for…
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bamahr, Maybe. FMLA allows the employer to recover the cost of maintaining group health benefits of the non-returning FMLA employee under certain circumstances. Essentially, the employee in question must choose the non-return route of their own vo…
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Sounds like a unique situation that is worthly of your personal intervention -- I'd vote for trying to find a way to help the guy. Far too often there is no one in the organization more competent and able to recognize and facilitate solutions to …
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Resser, If your company has only 5 employees, you are correct. Geno, SPHR
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morris, Could you be a good sport and restate your question please? Geno
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[font size="1" color="#FF0000"]LAST EDITED ON 05-20-05 AT 07:53AM (CST)[/font][br][br]There are four recognized options for a reason I suppose, but we use the rolling method here too -- prevents stacking or double-dipping of the annual entitlement -…
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HCCADC, It all depends on how the employer’s defined its FMLA "year. The regulations provided for four distinct choices: 1.A calendar year. 2.A fixed 12-month period to coincide with the employer's fiscal year. 3.A 12-month period measured fo…
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crawfod, I'm a little slow this morning, I thought we started out talking about a male who temporarily left work on FMLA and now has telegraphed the notion that he may not return to work, i.e., permanently disabled. Now we have a “female employee …
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Not sure what your question is, but if it is "What recourses does the employer have then?" then you've answered your own question. Unless the employee unequivocally and unambiguously declares his/her intention not to return to work -- not much. …
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"Should we pay the copays or have her file a claim with W/C? Also, should I go ahead with the disciplinary action or just speak to her about the importance of notifying the Supervisor of any incident, big or small?" Yes, yes and yes. Yes to the co…
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kdspa, There are multiple issues present in your question, the answers to which depend primarily on your company’s policies and procedures. First and foremost you obviously have an accident reporting issue. Most employers and every Worker Comp ca…
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.....a person standing in loco parentis geno
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HCA, The Supreme Court addressed a situation that is virtually identical to the facts in your situation in Murphy v. United Parcel Service , Inc. U.S. 516 (1999). In the Murphy case, UPS hired an individual as a mechanic to work on commercial veh…
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I believe that the rule of thumb is that an employee can request and use intermittent leave in an amount equal to the smallest segment of time that the employer historically tracks time for pay purposes, i.e., 15 minutes, 30 minutes, etc. Geno
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nohr4u1yr, Question: "Is there anything I can do to question her or get any clarification from her doctor"? Answer: Yes. Some employees think that the term FMLA is a "get-out-of-jail-free-card." Forutunately, you are not required to take the emp…
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Dfox, Someone else is going to ask, so I might as well...what are you talking about? Certification for what? Can you be a little more specific? geno
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[font size="1" color="#FF0000"]LAST EDITED ON 04-04-05 AT 07:59PM (CST)[/font][br][br]Earth to Don – the original topic was about the use of HIPPA as an means for a physician to avoid completing an FMLA certification form -- nothing more, nothing le…