Margaret Morford
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First of all, I'm from Nashville. It would not be vienna sausages and crackers. It would be Moon Pies, Goo-Goo Candy Bars and White Lightening! Second of all, I did fill out my profile, but I went back and augmented it because of Don D's challe…
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You have a motorcyle? Why that's a side of you we haven't seen before. I'm trying to picture a Hell's Angel Curmudgeon in leather! Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]http://www.thehredge.net[/url]
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This employee will sue you. Count on it! You should document the performance problems, which she will say are related to the pain she is experiencing in her back, etc. (Okay, I now sound like our resident Curmudgeon, Don D!) I'd get her to maxim…
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Do not play games with WC and do not let the WC carrier off the hook to deal with this claim. It will come back around to bit you in the form of a permanent disability down the road with the employee claiming you talked her into handling her claim …
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I think that you have waited too long to issue discipline. I would make sure your policy is drafted to allow you to issue discipline "up to, and including, termination" for a first offense of horseplay. Sit down with this employee and go over the …
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One other thing I might suggest is that you put in place a policy that says if an employee fails to show up for work and fails to call for three days, he/she will be considered to have voluntarily resigned their postion. In addition, any employee, …
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If you can prove that the employee's injury was caused by their own willful misconduct, (you need proof that they were under the influence while working - not just tested positive) you can in many states deny the claim. Check with your WC carrier a…
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Commissions bend over backwards to pay employees. You ought to get some legal advice about appealing to the courts. I think the courts are much more impartial and more likely to follow the law as it's written. Margaret Morford theHRedge 615-371-8…
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Rockie, Your concern is a valid one. Most companies do not allow employees to use PTO to supplement WC because it kills any incentative the employee has to return to work. A few employers will let employees use PTO for any waiting periods under W…
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I have a Fitness for Duty Form I'll send you if you e-mail me. Just remember that you have to require it from every employee returning from medical leave, WC leave, etc. You can't just require it of FMLA only. Margaret Morford theHRedge 615-371-8…
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You can't say that they've taken leave if they work their requisite number of hours - They simply have a fluctuating schedule. I'd welcome some of the Attorney Editors weighing in on this. Margaret Morford theHRedge 615-371-8200 [email]mmorford@ml…
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I want to clarify one thing from the posts above. If employees do make up the time, you cannot charge them for FMLA because they have not really taken any leave...they've just changed the hours of their working schedule. If you are counting hours …
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ADA also covers people with a "record of a disability" (This is what covers recovering alcoholics and drug abusers). It also has been used to cover any follow up care required after cancer. I'm not sure whether some of the more recent conservative…
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WO, I'm siding with you. The definition of FMLA is very broad already. I would advise against self-widening. (I made that word up, but it should be a word and suits this situation.) However, I would immediately implement a Personal Leave Polic…
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Maybe you ought to issue her corrective action for not following call-in instructions instead of giving her the half attendance point. It's a lot cleaner and keeps her from saying she was really being punished for exercising her FMLA rights. Marga…
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I would certify this employee for intermittent FMLA if he/she is eligible. It appears that the child has some sort of serious illness even if you do not have a diagnosis. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email]…
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I think outpatient surgery still involves a hospital stay if even for a few hours. I've always certified outpatient surgery (not voluntary) as FMLA. What does everyone else say? Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.co…
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I still stand by my answer about giving them the leave when they tell you ahead of time and allow you to plan. That's worth the medical bills alone, which you'd probably will have to pay anyway. Most employees will take COBRA for a month or two to…
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All they have to do is come back and work one day and they don't have to pay back their insurance, etc. I'd draft my holiday pay policy and my bonus policy to say that you must be actively employed and not on any type of leave of absence to receive…
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Okay, here I go being the heretic again. She has done you a huge favor by telling you she doesn't plan to return and allowing you to move on and not wait three months to find out on the Friday before the Monday she is to report back she's not comin…
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Don D, I would agree with you if that was the fact situation. The employee doesn't just want a couple of extra days off. She's had a week off and now wants four more and who knows if the doctor will release her then. I think to ask for more than…
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I'd get a second opinion. Don't you have a company doctor you can get her in to see immediately? If not, find a doctor and tell him/her that you want to give them all your second opinion business, that the company will pay them directly, no insura…
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Don't miss the huge pearl of wisdom given above. If you do this, you will also be obligated to do this for any other similarly situated employee - which is why most companies do not do it. Companies normally terminate the employment, trigger COBRA…
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I have to disagree. She is not qualified for FMLA until it is medically necessary. Now, practically, I'd explain to her that while you'd like to start her leave on July 2nd to accomodate her, the FMLA laws will not allow it unless her doctor says …
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Ask any doctor any where and he/she will tell you that women get medically discharged 6 weeks after a normal delivery and 8 weeks after a normal C-Section delivery barring any complications. I think based on that, minimally, you should be able to u…
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If your state regulations don't require it, make it your policy not to permit intermittent leave for the birth of a child. If you permit intermittent leave for this, you're eventually going to have the parent who decides to take every Friday off fo…
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Don D. I think it was the Wolverine case, but am not sure. However, in the case the employee had gotten 7 months of continious leave - more than twice what FMLA would have given her. The court believed that to grant her 12 more weeks would fly in…
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To move them towards PTO in the future, try a baby step by broadening the sick leave policy so that it can be used for family members living in the same household. That will make it a better benefit for the employees, who are probably using it that…
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I'm going to be the heretic again and say that I'd let employees use sick leave for a family member. It's more family friendly. I also don't want to have to face some one with an extremely ill child in the hospital and tell them while they've got …
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Separate whether he gets the time off (FMLA) from how much of the leave is paid for (your company policy). If your policy says that employees are required to use any accrued vacation time (and personal time? and sick time?) during FMLA, then you c…