KP68
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Does anyone know what a "LCSW" is? That is the acronym after the signature on this letter from the counseling center.
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Thank you! It's a good feeling to have my "gut feelings" affirmed by colleagues. There is a recent update - one of his supervisors just told me he is a no show today, and when he called the employee at home, he said he wouldn't be in until Monday (…
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I now have the CHP in my hands. And, the time off is being back dated by the LCSW to 3/5/04 and I was not made aware of this missed time until 3/17. Do I have to honor all of this time as FMLA? If I don't, when can/should I make FMLA effective i…
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That was one of my thoughts, to go that route. I will be sending FMLA and disability letters, and they will be stated to reference, "IF you are in need of a leave...". Just to show the ol' good faith effort on our part. The past five days the coun…
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Okay, thanks. Do you know where I can find this information? Is it on the EEOC website someplace??
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Quick update on this: the employee's own physician has provided me w/documentation stating there is no condition to accommodate. Short and sweet (for now!).
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I have an update on this and I need some input. I just received the form back from the dr. that addresses specific accommodations, and his doctor stated that this condition does affect his ability to perform some of the essential functions of his…
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Honestly, that was my response too, Whatever. A hat is a hat is a hat, as far as I'm concerned.
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Well, finally, I have some info from this employee. Not what I requested, but a letter from a doctor stating that he has a dermatological problem of the scalp that requires a head covering. He continues on by thanking us for considering him in the…
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I hear ya - I do question it somewhat as well....I guess we all get a bit cynical in this profession, huh? I will be very curious to see what the medical info states - but I will be even more curious to see how this impacts his ability to do what i…
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The setting is business casual, but when a client comes in, the hats are to come off. Nothing in writing yet from a doctor (we are in the process of obtaining this). He has suggested a different, more "professional" type of hat to wear, and his ma…
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....the employee has not been here 12 months yet. I think I might look to see if we can do a schedule change, but due to the nature of the business she is in, that could cause a disruption. We have not granted 'early' FMLA in the past, and I'm ver…
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Do you have a short term disability plan that would begin after say, five consecutive missed days? That is how ours works...once an employee is out more than five days, we send the papers and if they are not returned so we can file a claim and dete…
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Thanks for such a thorough response -
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Ok, I'm with you guys on this. I was thinking the exact thing at the onset of this, but based on some "gray" wording in the regs, I was second guessing it. Thanks -
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Having spent much time as the Devil's Advocate myself, my initial reaction was the same; that she just didn't give enough notice and the schedule had already been made out for the month. So my advice was to see what October brings and if the hours …
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this is just what I figured. Unfortunately, this situation is personal, as it is my mother that is being denied her hours back after being released to her regular schedule. I have advised that she get a copy of the work schedule, demonstrating t…
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The issue that I have come across, and have received legal advice on this, is to be certain you are treating all employees on any type of medical leave the same in terms of benefits. This means that you should do the same for someone on FMLA, Worke…
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I would also give her until the end of the 15 day deadline to provide you the official documentation for this before you take action. I have had situations similar to this, where the employee has a relapse, and we wait until the CHP is returned to …
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I agree with SMace that she should take the training when she returns, unless you have allowed others to take 'bonding' leave intermittently in the past. We state in our FMLA policy that FMLA for bonding after a birth is not to be taken intermitten…
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Good point, marc - your statement about imagining myself on the witness stand is actually part of the reason I was confident in denying it. I will simply give her doctor the opportunity to provide enough info for me to extend it, and if that occurs…
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I did tell her that if she can provide additional information to me by the end of this week, I would review it for consideration. Will keep you posted....thanks for your input.
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And this information that she can submit can be as simple as a hand written note from her doctor stating that she could not work all week, correct? I ask because I know that's all I'll get.
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That's exactly the situation.....I believe there are possible attendance issues that had previously existed, and although she has met the requirements for FMLA, it does not state she could not work that week following the visit to the ER. I did ema…
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The situation is that the employee had a sprained ankle, and the CHP signed by the doctor stated that she could perform her job duties, and that the only day she was out was the day that she was seen in the emergency room......she continued to be ou…
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I can see the need for consistency, but for this reason, we do not request certification and run it concurrent with our disability leave portion. If additional time is wanted (after the standard 6 or 8 weeks off), we simply have the employee comple…
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Not that this will be much help, but in seminars I have taken on FMLA, I have been told by several employment law attorneys that FML to care for a family member is the most difficult to deny, because it's very broad and general and what are you goin…
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The denial letter has officially been drafted. Will let you know if anything interesting emerges once it's received!
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Interestingly enough, she is out today due to a migraine that she had last night.....