Geno
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[font size="1" color="#FF0000"]LAST EDITED ON 04-04-05 AT 11:52AM (CST)[/font][br][br]Calm here Don – in fact, almost always in a Zen-like state…repeat after me: ahummmmmmmmmmmmmmmmmmmmmmmmmmmmmm. AJSPHR's insight is spot-on -- the preamble to the …
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[font size="1" color="#FF0000"]LAST EDITED ON 03-30-05 AT 08:02AM (CST)[/font][br][br]Sorry Don -- I know that you are the resident expert on everything, but I must humbly disagree with you. Please re-read my post. Nowhere did I mention "medical di…
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The medical information contained in the exchanges between an employer and a health care provider in the course of FMLA compliance (and WC issues for that matter) is not considered to be Protected Health Information (PHI)and therefore is not covered…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-28-05 AT 05:54PM (CST)[/font][br][br]...it is a terrible thing when the hand is not connected to the brain.
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If the employee in question is FMLA qualified, the answer is yes. Your FMLA forms should contain an area for the employee's healthcare provider to declare whether the employee's health condition is a "serious health condition" as defined by the FML…
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Mushroom, Help me out a little, maybe I'm misunderstanding you statement, what do you mean when you say that "you cannot ask for documentation while someone is on intermittent FML"? Geno
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Federal regulations on the matter (29 CFR Part 825.110) state that "The 12 months an employee must have been employed by the employer need not be consecutive."
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[font size="1" color="#FF0000"]LAST EDITED ON 01-28-05 AT 10:58AM (CST)[/font][br][br] Nancy, I don't know the WC laws in your state but I'm betting that the previous posters are correct -- and that in the end this "incident" will probably be clas…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-31-05 AT 01:50PM (CST)[/font][br][br]A thousand pardons there POPEYE dude, please forgive the perceived edginess – no tar and feathers intended -- no need for the glass house and stones analogy and wh…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-28-05 AT 03:26PM (CST)[/font][br][br]You are making way too much of the FMLA. Do not confuse you obligations under FMLA with those you have under, say COBRA – you do not have to offer family medical …
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[font size="1" color="#FF0000"]LAST EDITED ON 08-29-06 AT 02:08PM (CST)[/font][br][br]Larry, Thanks for the lead on the CE courses -- I'm a December 07 re-up and I don't want to take the exam again. Oh, and I agree with your comment on this new str…
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Yes, have your lawyer draw up an indemnity or hold-harmless agreement and make the signing of such a document a condition for using the equipment. Geno
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[font size="1" color="#FF0000"]LAST EDITED ON 02-15-06 AT 10:26AM (CST)[/font][br][br] My recollection is that if the employee has not received an expected W-2 by mid-February they can call the IRS and file a complaint. Edit: Try this IRS website …
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I don't know if you are obligated to pay her or not either because, as you say, "there is nothing specific in our handbook regarding this." That will change real soon I hope. You might want to do a little research to see if has happened before. I…
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Thank you sir. Geno
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A lot of employers make accommodations that they don’t have to make -- some because they just want to and some because they mistakenly think they have to. You may be technically correct about the definition of the term “regarded,” but it sure as he…
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Cheryl, I couldn’t tell from your post whether you were looking for a way to not have to accommodate her or you were looking for suggestions on how to do just that, so I’ll skip over the notion that she may not have an ADA qualifying disability (h…
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Linda, Agree with David's response -- your contract langugage should require the aggrieved to state in writing, exactly what contract term was violated – not that the union still won’t’t try to slide something ambiguous through from time to time. …
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Carol, I hear what you are saying – and I can't speak for the role of HR in your company -- but in mine not all problems are the purview of the personnel department. I can think of many examples of “conflict” between supervisors and employees that…
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Carol, It would depend. For a variety of reasons (legal and otherwise) in a union setting I wouldn’t consider helping an employee construct a grievance. On the other hand, in a non-union setting I may –depending on the gist of the complaint, th…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-20-06 AT 02:06PM (CST)[/font][br][br]Gene, thank you for the clarification on employees claiming their annual EXEMPT status, I stand corrected. Aside from that, my response is valid and correct. F…
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Actually, it is only the employee who wishes to change the information on his/her existing/original W-4 that need complete a new one. As long as the information on the employee's originally completed W-4 is still relevant. e.g., marital status, num…
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No.
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njjel, I think that you should do exactly whatever it is that you were intending to do right before the sudden FMLA-qualifying illness became part of the equation. If you believe that the facts surrounding your decision to terminate are in your fav…
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Larry and jimbo are correct. You can deduct for whole day absences. You can also require, to the extent available, the use of accrued paid leaves for whole and part day absences. It is those part-day absences that you cannot deduct for when pai…
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We have the same rule and that is why this year Christmas Eve will be observed on Friday the 23rd -- and Christmas will be observed on Monday, December 26th.
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Al, Please expand on the rational for garnishing the reimbursement of out-of-pocket employee expenses.
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[font size="1" color="#FF0000"]LAST EDITED ON 11-07-05 AT 02:21PM (CST)[/font][br][br] PRM, No, travel per diems are not considered regular wages and therefore should not be subject to garnishments. Remember, they are reimbursement for out-of-pock…
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Well -- your options, while few, are simple. Your agency can either invest in the supervisory training necessary to improve its retention record or it can continue to eat the cost associated with new-hires that do a U-turn through your place. Your…
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Sunshine, Unfortunately, it all comes under the heading of the "cost of doing business." If the situation at your place of employment is more than just the occasional revolving-door employee, then maybe your hiring managers are need of some help i…