PAhr
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Under federal FMLA the employee is entitled to twelve weeks of leave for the birth, placement for foster care or the adoption of a child. The only time you can limit that leave is when both husband and wife work for the same employer. This does not …
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How did you get this doctor's note? Did the mother request further leave? You cannot force the mother to take the time off (if this is not at her request), but I'm assuming this note was at the mother's request. If that is the case there isn't much …
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When I hear the key words "migraine, pregnant, asthma, words I can't pronounce..." I automatically run to my cabinet. I guess I can't expect the same from others. The problem I am having is that the employee is insisting that he told his manager abo…
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I will agree with vmiller that the three he noted are pretty standard defenses, but only in a perfect world. Usually when an employee files a complaint with the DOL or a lawsuit with an attorney, the intake officer or attorney has already gone over …
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I'll touch this one. There is no standard defense. FMLA violations can range anywhere from counting an FMLA day under a no-fault policy to terminating someone who may have qualified under FMLA and almost every, single complaint will be different. Yo…
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Actually, if this is putting a hardship on the department you may transfer her to a different department where frequent absences will not create a problem. If you choose this route, explain to her that she is in a position where her abilities are ne…
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Under FMLA you only need to hold her position for 12 weeks but if your company has past practices of allowing employees more time off you might be caught in a tough situation. If there are no past practices of allowing more time off, write her a let…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-13-03 AT 05:03PM (CST)[/font][p]I see a few problems. One being that the child is not in her care but I suppose that is a matter of symantics. I would address the problem as follows. Call her in for a…
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Yes, all doctor's appointments, even after release are covered as the employee has a serious medical condition and has sought treatment on two or more occasions. Just make sure you tell the employee to try to schedule appointments around their work …
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We require a fitness for duty certification if the leave is for their own personal illness (not baby bonding or a family members illness). We tell the employee when he/she is approved for the leave what we will expect upon return and we also send a …
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I would say that if you lay him off the FMLA clock stops, as you cannot force an employee to use FMLA. My understanding is that he will be off by your choice and not due to care for his spouse. If he has say six weeks left, then upon his return you …
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[font size="1" color="#FF0000"]LAST EDITED ON 06-13-03 AT 10:43AM (CST)[/font][p]That case was Schulz v. Advocate Health and Hospital Corp. Your employer would also be wise to read up on all the FMLA regulations, especially 825.220 where it goes int…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-12-03 AT 02:48PM (CST)[/font][p]If you allow other employees to do this practice then you should allow anyone on FMLA to do this as well. You should not treat an employee differently due to FMLA. And …
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[font size="1" color="#FF0000"]LAST EDITED ON 06-13-03 AT 11:59AM (CST)[/font][p]The employee must still adhere to all your company policies as far as notification of missing days (call of procedures or notification of missed days for appointments a…
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Yes, we may have been a little hard on him/her. At least he/she had enough sense to ask first rather than ask later. I guess I just took it a little to far because I could just see this poor woman going through all this heartache and stigma just to …
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This may be a little off base but why is the original poster assuming that the doctor and employee lied. It is possible that this employee's husband initially showed signs of cancer, later confirmed, filled out the FMLA paperwork only to run more te…
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I agree with the above posts but I will put a different spin on it. Most victims of AIDS eventually end up with Carposis Sarcoma (?) which is a rare form of cancer that usually only happens to people with AIDS. Technically the certification wasn't i…
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With documentation I would say you are on the right track but I would err on the side of caution. Allow her to return to the same position but inform her (and document) that you discovered problems with her job performance and she will be given x am…
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The employee only gets twelve weeks per year not twelve weeks per accident or illness. If she did not use all twelve weeks with her last accident, you must apply whatever time she has remaining. If all twelve weeks have already been used you should …
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The 1,250 hours are only hours that the employee has actually worked. You do not count any vacation, PTO or paid or unpaid time off. If the employee has actually worked 1,250 hours she would be entitled to FMLA as soon as she is eligible, in this ca…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-14-03 AT 01:10PM (CST)[/font][p]First off you need to start refering to this employee as someone who is taking intermittent/reduced schedule leave protected under FMLA. The the whole part-time, full-t…
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Admit the mistake but as to the exact date the clock starts ticking is your call. No matter which option you chose, you might be in for some headaches. Valuable lesson learned: Always get the FMLA clock started ASAP.
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The mistake is already made so now you need to think of a few things. Have you only allowed every other employee the maximum twelve weeks? How much longer might this employee be out? You can do one of two things. First option is to immediately infor…
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Because the removal of wisdom teeth is 1) a surgical procedure and 2) it is not elective surgery 3) will require follow-up care. You can always exercize your right to have the employees evaluated by a dentist of your choice (and your expense) but mo…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-08-03 AT 08:16AM (CST)[/font][p]I would err on the side of caution and allow the FMLA for the following reasons. First and foremost the removal of wisdom teeth is a surgical procedure and surgical pro…
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The employee was never approved for FMLA, only told that his condition may be covered under FMLA pending proper certification. He never produced proper certification so he cannot be approved. If you want to put it in writting just use company letter…
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Q: Does an employer have to pay bonuses to employees who have been on FMLA leave? The FMLA requires that employees be restored to the same or an equivalent position. If an employee was eligible for a bonus before taking FMLA leave, the employee wou…
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It is my understanding that you can delay a raise but only for the amount of time which the employee was off. If all the other raises are effective on 4/01/03 her raise should be effective on 8/01/03. At my company the hire dates or dates of transfe…
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The company can treat this however they would like but it also means that you must give the same consideration to any other employee in the same situation. I would say that even though she was a temp her time of employment with the company still …
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[font size="1" color="#FF0000"]LAST EDITED ON 10-03-02 AT 06:16PM (CST)[/font][p] As long as he qualifies for FMLA and the doctor certifies that the leave is for a serious illness and that the doctor meets the requirements as to being a health care…