LindaS
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Honestly, I don't know what their basis is. I was stopped by a committee member yesterday who said, "By the way, XXX qualifies for FMLA leave for his granddaughter". I did not get into a long discussion with her about it but she informed me that s…
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Thanks for all the replies and I wanted to provide an update... My friend is now aware of the deficiencies of the supervisor in this area and it is being addressed. She has documentation regarding every issue with the EE in question but she was in…
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Unfortunately the intermittent use of FMLA is something that is very difficult to administer. You do have SOME options... 1) If the last certification is 30+ days old you can require updated certification along with a listing of the days used. I…
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Thanks for the feedback but I forgot one important point, here in WI an EE is eligible for INTERMITTENT FMLA leave for the birth of the child. They receive up to six weeks of this leave within 16 weeks of the birth. So while I agree with the posts…
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Actually I think you may have been able to deny his request. The FMLA regulations allow the employer to require the EE to schedule forseeable leave so that it does not unduly disrupt their operations. Because the birth of the child is something th…
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I have to respectfully disagree with the previous posts. I just returned from an FMLA/ADA seminar and in the paperwork I received it states that in joint employer situations, both employers must be counted in determining employer coverage and emplo…
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Have you received ANY information from this EE? If not, follow your policies. If you have an attendance policy stating an employee's responsibility to contact you regarding their absence, follow that. The FMLA does not remove the responsibility…
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Thanks for the responses and I have provided the paperwork. I guess I was putting the cart before the horse, so to speak. We'll see what happens.
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Don - You are correct about the drawback but if the EE is able to return to restricted duty and you have work for him/her and they elect to stay off work, their TTD benefit payments stop and you do not continue to incur additional costs.
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We have faced the same type of situation and, while we are a union facility, have been given the following advice from our attorney... Once the 12 weeks of FMLA expires all job protection rights expire as well. At that point you have the right to …
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Unless he was there as a representative of your company, as an employee, it would fall under their worker's compensation insurance. The fact that he was paid cash may have an impact as he technically wasn't an employee. I would recommend that the …
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I'm in Wisconsin and am not familiar with this. If an employee is claiming UC that means that they are ready and available for work. If a person is getting WC that generally means they are unable to work and as such, are not eligible for UC.
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This would be compensable in WI if they were on the clock.
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If your company employs 50 or more employees you need to follow FMLA regulations. If you are unfamiliar with them, you can go to the [url]www.dol.gov[/url] website and get some information. The employee needs to be notified if you are going to run…
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If they are not FMLA eligible and your WC laws do not require the maintenance of benefits, terminate their insurance and offer them COBRA.
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Worker's Compensation laws are state specific so you would need to examine TN W/C laws to determine if there is a requirement that employers maintain health insurance. If your company is large enough to be subject to FMLA, and the injury qualifies …
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As far as his failing to properly document WHY he is tardy, he would be subject to whatever your attendance policy states regarding the failure to report for work on time. It is obvious he knows what is expected of him but does't feel he has to fol…
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Talk to your W/C carrier. It seems very excessive to allow this to go on for this long without having some type of end of healing or PPD rating.
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I would recommend contacting your W/C carrier. Many times they will come and do the testing for you, for free, and give you the results in a manner that you can understand and also let you know where you stand with the OSHA regulations. In additio…
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If it is an applicant, I go through the physical aspects of the job description with them when I am going through the rest of the job duties. I ask them if there would be any issues with completing any part of the job duties. If they say "no", I g…
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I would like to thank you for your responses and let you know that I sat down with the EE yesterday afternoon and expressed the concerns we had regarding the occurrences of "confusion" that had been brought to my attention. At first the EE was upse…
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I would require a medical release from her physician before allowing her to return to work. I would also provide her with a copy of her job description and ask her to present it to her physician to determine if she is capable of performing all the …
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My first question would be whether or not you are union because if the union committee got wind of your changing a score, you may have a problem. If possible, what about giving this employee a skills based test rather than a reading test. This way…
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While, in my opinion, her medical issue doesn't appear to be ADA qualifying, recent court cases in the state of WI have given rise to the significant difference between the ADA and WFEA. Before taking any actions regarding this employee, talk to yo…
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I have a form that we give to our employees when we have this situation. It breaks down all the different activities an employee MAY be required to do in their jobs as well as allows the physician to indicate how much they can lift. It is a form t…
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Does this employee qualify for FMLA leave? If so, and you don't have work for her within her restrictions you can place her on FMLA leave until either a) her leave allotment runs out or b) she is able to perform the essential functions of her posit…
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Yes you do and I have terminated for this exact reason. While ADA protects an employee who is seeking treatment for alcoholism, jail time for drunk driving does not fall into that category. If the employee is unable to get "huber" release and is u…
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I'm in WI as well and offer the following advice... WIFMLA relating to the birth of a child states that employees are allowed "Family Leave". It does not specify "bonding". In addition, this leave can commence anywhere between 16 weeks before and…
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Maybe I'm wrong, and others will disagree with me, but I don't see "fatigue and stomach problems" as ADA qualifying. If that were the case, a majority of employees could claim this sort of thing quite often. You say that you can work within these …
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I would hesitate to do this unless the employee requests it. You may have a potential ADA situation if you decide, without medical backup, that an employee is no longer able to do a specific job. One of the arms of ADA is that a person perceived as…