KP68
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Here's my two cents worth on retroactively designating FML: While we, as employers, are obviously strongly encouraged (or scared into) NOT retroactively designating the time as FML, I have read in several summaries of Ragsdale V. Wolverine that the…
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I'd go to the DOL website first ([url]www.dol.gov[/url]). It is a little high-level, but thorough and it's coming straight from the source.
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...and is that because she 'reports' to the eligible branch? Just looking for a little more info, I guess.
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Have either of you had employees basically demand that you do designate time off under FML? I have before, but not one that is feels this "strongly" about it. Just curious.
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Are you counting the prior time worked (with the other company) for all benefit purposes? If you are for that, then I would think you should do the same for FMLA. I know we did for a couple acquisitions we had. I would just be consistent with wha…
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Does this apply (working from home and potentially violating FMLA) if the employee is taking leave for a sick parent or child?
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This is exactly why I am questioning this....her FMLA has expired, and now she is on NJFLA exclusively.
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Seems to me that between this case and Ragsdale v. Wolverine, the FMLA is up for some revamping and clarification now that it's been in place long enough.
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I would add the following options as responses: To #2: Not helpful, somewhat helpful.... To #7: HR Specialist
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We typically don't allow time off prior to the birth unless it is medically necessary and approved as a qualified disability (or is under FMLA). So we are not setting a precedent by requesting info from her doctor. In fact, we'd be setting a prece…
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So I tell her that we need authorization from a doctor for her to work five hours per day, and in the meantime....send her home even though we do not have anyting in writing stating he did not want her working at all in the first place? Is a verbal…
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The main factor driving this is a paycheck.
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Thank you Don D - just what I wanted to hear.
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This is beyond the personal "irritation" factor - as numerous employees have voiced their concerns -for his sake and their own, really. I guess I'm looking to find out if there is any regulation that would prevent us from asking him if he's okay, et…
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So does the manager and staff just have to deal with this? Can/should something be said to this employee?
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It is an office setting, however all employees sit in connected cubes with low or no walls dividing them. There could be some 'exposure risks' and employees have mentioned this.
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Thanks for the response. Since the PDL only required 5 employees, and CFRA/FMLA require 50, we do not qualify for the latter two leaves. In light of this, if our employee works up until the delivery, we would have to provide just the four months…
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dynamite9551: You hit the nail on the head. I guess I was having a hard time putting it into words, but that is exactly my point...how do they KNOW what excessive is? How do they know their definition of "Unexcused"? That is why I would be conc…
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So it gets more interesting....what about 'retaliation' towards the employee related to asking repeatedly for a policy manual? Anyone ever had to deal with this? What position would this put the company AND the employee in??
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Yes, I know we don't want that, but I know there are minimums regarding maternity, parental and even disability in some states. Take California for example...there are three different leave policies in that state alone that need to be studied.
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FMLA does not apply in this case (newer employee), no workers comp, and any other employee would be disciplined/terminated for this reason, as it is explained that this would be the result for failing to return the forms in the initial STD letter. …
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Thank you for your input. This is not the company I work for, we're much more understanding. I'm asking on behalf of someone else, and he was granted the day off - after asking three times - only if the hospital can fax proof of the surgery.