KP68
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What exactly are you basing your denial on? No documented follow up treatments? A weak reason for not coming to work? Imagine this is a "challenging" employee that will push the issue...how would you explain the reason for the denial to the empl…
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So if you would NOT approve it, what would your denial letter state as the reason?
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If I approve the time missed up until June 30, she'd have 19 days left after that....not a huge amount. What do you think? Run the clock?
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Our concern on this (charging vacation for all types of FML) - as pointed out to us by legal counsel, is that this could be interpreted as 'penalizing' someone for taking FMLA, as we don't require any other leaves to use vacation time (disability, w…
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Really? That's interesting. Do you find that it helps "curb" abuse of intermittent FML?
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SMace, that was purely for your sake, you know. :-S
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Before I get scolded by anyone, I meant to say MORE than three calendar days! Whew, that was close.
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The regs state that it must be at least three consecutive calendar days. And the key to absences that spill over to the weekend is not the date the employee was released to work, but it's the dates of incapacity. We recently had a lot of these c…
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If you haven't seen this site yet, there is a link to it here, but I've had difficulty getting it to open. Here it is: [url]http://www.state.nj.us/lps/dcr/law.html#FLA[/url] Good luck.
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I need to bring this one up again....since the recert I received has now extended her absence every Thursday until the end of the calendar year, can I request a recert every 30 days going forward, or do I need a reason to do so??
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Just an update on this one, as it's become very interesting.... First let me start by saying, "Be careful what you ask for" when you request this info. I just got the recert back from this employee. Not only does it say it is to continue to be eve…
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Don would it be sufficient enough to state just the bare bone facts, not leaving anything to interpretation? Specifically, if the letter was to be worded as such: Dear so&so: "Under the FMLA Regulations, it states that while an employee is …
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That has been my underlying concern....I have never requested a recertification before. But, this could be the "precedence setting" case, I guess.
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Okay, so let me be the devil's advocate for a moment. Say I'm the employee in question and when you send me these papers, I come back and say, "But I used my own sick time for these days. Why do I have to go through all of this?" How do you re…
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I was using 6 months hypothetically. The REAL situation is: *Employee hired 10/02. *Goes on maternity leave 9/03. *Returns in 10/03 - six weeks off (one year and 11 days after hire date). *March 2004: Employee inquires on the "remainder" of he…
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It was never communicated that she would get 12 weeks, but I'm guessing she stumbled on this information on our Intranet site (but failed to catch the eligibility portion).
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Believe me, we are always empathetic in situations like this. And we would not have denied her this time, because I feel it wouldn't have been the right thing to do. My question was probably more rhetorical in nature, based upon what information I…
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My input on this is that it would result a lot fewer 'judgement calls' if you were consistent in requesting it for all employees. That's how we do it and since we have, it has been much less time consuming (not to mention easier to defend to emplo…
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Now that I think about it, it seems that we did this a year or two ago, however it was a job-abandonment issue, i.e. violation of company policy and grounds for termination.
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I too am interested in seeing this letter (strictly for proactive measures!).
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Great, thanks. That's exactly what I have been doing for some time now, I just needed to hear that I wasn't doing it the hard way!
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That's the angle we're taking on this. I'd rather provide her the opportunity to provide us with this info. If it's denied, we can show "good faith effort" that we attempted to determine her eligibility for job protected leave. BTW, as an update,…
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I'm glad you edited that last one, because I had already sent the FMLA papers to her.
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Does anyone think I should send out FMLA papers??
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Yes, this all has been great advice - and believe me, I know the benefits of starting the clock ticking. I was mainly playing devil's advocate by posing my q's from an employee's perspective as to why the forms should even be turned in, if sick tim…
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Good point...but let's assume that by him using his available sick time that there will be no "negative action" taken for this time off, what's the point? Could it be as simple as stating that this time out, if it is FMLA, could not be "used agains…
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Thanks for the input....I'm not really questioning whether or not it'll be FMLA at this point (since we don't even have forms yet), I'm really wanting to know what the employee would lose by it NOT being designated as such, as he has alread posed th…
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But what about this: (from the DOL's Q&A Section) "Q: Do the 1,250 hours include paid leave time or other absences from work? A: No. The 1,250 hours include only those hours actually worked for the employer. Paid leave and unpaid leave, incl…
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I need to be 100% clear on this response: "If today is the one year mark you should send a certified letter that she meets the requirements for FMLA". So this means that if an employee has been out for a month, for example, prior to her one year…
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OK, so what about this: she was put on a reduced schedule for the past month. Only count the actual hours she worked towards the 1,250, correct? What about eligible short term disability pay? Does that count as eligible time? Or is it as straig…