Comments on: The one little FMLA change that could mean the most to you http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you/ Your daily dose of HR Wed, 17 Mar 2010 21:49:46 -0400 http://wordpress.org/?v=abc hourly 1 By: Pam Baughn http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you/comment-page-1/#comment-48971 Pam Baughn Fri, 19 Feb 2010 17:31:04 +0000 http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you#comment-48971 An employee is on intermittent leave to care for parent after surgery. Can I request doctor statements for transportation to and from appointments? Can anything be done if appointment is close to home and employee takes full day off? How does this monitored lawfully by the emplolyer? An employee is on intermittent leave to care for parent after surgery. Can I request doctor statements for transportation to and from appointments? Can anything be done if appointment is close to home and employee takes full day off? How does this monitored lawfully by the emplolyer?

]]> By: Melissa Smith http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you/comment-page-1/#comment-2173 Melissa Smith Tue, 23 Sep 2008 16:25:50 +0000 http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you#comment-2173 There are a few facts that would need to be clarified before that could be answer. Such as, is the employee exempt or non-exempt? And, did the doctor specify on a "able to return to work" date? If the doctor did not state that more than 4 days were needed off then FLMA would not have been offered. The other concern I have is the fact the employee still "worked" from home even after it was addressed by the manager. Is the company still required to compensate the employee? The law tells us the the employer has to pay worked hours and overtime even if it isn't approved, would this situation also fall into such a catergory? There are a few facts that would need to be clarified before that could be answer. Such as, is the employee exempt or non-exempt? And, did the doctor specify on a “able to return to work” date? If the doctor did not state that more than 4 days were needed off then FLMA would not have been offered. The other concern I have is the fact the employee still “worked” from home even after it was addressed by the manager. Is the company still required to compensate the employee? The law tells us the the employer has to pay worked hours and overtime even if it isn’t approved, would this situation also fall into such a catergory?

]]> By: Dyan Anderson http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you/comment-page-1/#comment-2168 Dyan Anderson Tue, 23 Sep 2008 14:28:39 +0000 http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you#comment-2168 We have a situation where the manager contacted the employee's doctor to verify if he was actually treated on the dates indicated on the return-to-work medical note. To complicate things even more, the employee, who was out for a total of six days, worked from home for four of those days. In email, the employee told the manager while recuperating he would be working from home and was very specific about what he was doing. On the other hand, the manager responded in email stating that he was to take sick leave and he was not to come to the office due to his leg problem, and that she would try to find a temporary replacement. The employee, however, continued to work from home until he returned back to the office. Also, when he initially went out, FML was not offered to him. Question should sick leave be deducted for the entire time that he was out? Or should he be paid for the four days that he worked from home even though the manager did not approve this work arrangement? We have a situation where the manager contacted the employee’s doctor to verify if he was actually treated on the dates indicated on the return-to-work medical note. To complicate things even more, the employee, who was out for a total of six days, worked from home for four of those days. In email, the employee told the manager while recuperating he would be working from home and was very specific about what he was doing. On the other hand, the manager responded in email stating that he was to take sick leave and he was not to come to the office due to his leg problem, and that she would try to find a temporary replacement. The employee, however, continued to work from home until he returned back to the office. Also, when he initially went out, FML was not offered to him. Question should sick leave be deducted for the entire time that he was out? Or should he be paid for the four days that he worked from home even though the manager did not approve this work arrangement?

]]> By: seashell http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you/comment-page-1/#comment-1059 seashell Mon, 11 Aug 2008 21:15:36 +0000 http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you#comment-1059 Debbie, send me your email address and I will send you one of our draft letters that we have used. oregondiver@hotmail.com Debbie, send me your email address and I will send you one of our draft letters that we have used.
oregondiver@hotmail.com

]]> By: Debbie http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you/comment-page-1/#comment-1054 Debbie Mon, 11 Aug 2008 19:49:39 +0000 http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you#comment-1054 Seashell, Would you be willing to share your recertification form. I would love to see how it is formatted. We are in the process of revamping our FMLA policies and that form would be a great help. Thanks. Seashell,

Would you be willing to share your recertification form. I would love to see how it is formatted. We are in the process of revamping our FMLA policies and that form would be a great help. Thanks.

]]> By: seashell http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you/comment-page-1/#comment-1033 seashell Mon, 11 Aug 2008 15:40:44 +0000 http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you#comment-1033 LaTasha, Yes, you can require an employee to recertify up to every 30 days for a serious health condition. Review your CFR's for the correct statute. What we do is draft a letter to the Physician, give it to the employee with instructions to provide to their treating provider. THe letter we draft asks additional questions, not medical in nature, but ones that ask about frequency and duration of occurrences (such as for chronic asthma). Good luck. LaTasha,
Yes, you can require an employee to recertify up to every 30 days for a serious health condition. Review your CFR’s for the correct statute. What we do is draft a letter to the Physician, give it to the employee with instructions to provide to their treating provider. THe letter we draft asks additional questions, not medical in nature, but ones that ask about frequency and duration of occurrences (such as for chronic asthma). Good luck.

]]> By: LaTasha Ligon http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you/comment-page-1/#comment-649 LaTasha Ligon Fri, 27 Jun 2008 15:58:50 +0000 http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you#comment-649 Does anyone know if under the current law if you suspect someone is abusing there FMLA in order not to receive discipline for tardiness, and it has been approved for 6 months, can you ask them to recertify before the 6 months originally granted has exhausted? Does anyone know if under the current law if you suspect someone is abusing there FMLA in order not to receive discipline for tardiness, and it has been approved for 6 months, can you ask them to recertify before the 6 months originally granted has exhausted?

]]> By: Roger Donaldson http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you/comment-page-1/#comment-280 Roger Donaldson Wed, 21 May 2008 04:40:39 +0000 http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you#comment-280 I agree with Ms. Maguire-Smith. This sort of thinking could unfortunately force employees to resort to firms that monitor an ex-employers behavior, in order to make certain no boundaries are crossed. It has been my experience that the employee can willing share additional information to his/her supervisor, and while not required to, as a measure of good faith. Any contact with an employee's physician would clearly be a violation of privacy laws as well as HIPAA regulations. I agree with Ms. Maguire-Smith. This sort of thinking could unfortunately force employees to resort to firms that monitor an ex-employers behavior, in order to make certain no boundaries are crossed. It has been my experience that the employee can willing share additional information to his/her supervisor, and while not required to, as a measure of good faith. Any contact with an employee’s physician would clearly be a violation of privacy laws as well as HIPAA regulations.

]]> By: Amy Maguire-Smith http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you/comment-page-1/#comment-265 Amy Maguire-Smith Tue, 20 May 2008 11:16:37 +0000 http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you#comment-265 Unfortunately, my opinion is not one of support for contacting an employee's doctor directly. The reason companies have other entities administer FMLA and disability benefits is to support the employees right to confidentiality. Further, allowing managers or supervisors to contact employee physician's directly is, in my opinion, unethical and can lead to inappropriate behavior, assumptions, and conflicts. This type of allowance will undoubtedly lead to law suits on behalf of employees. Unfortunately, my opinion is not one of support for contacting an employee’s doctor directly. The reason companies have other entities administer FMLA and disability benefits is to support the employees right to confidentiality. Further, allowing managers or supervisors to contact employee physician’s directly is, in my opinion, unethical and can lead to inappropriate behavior, assumptions, and conflicts. This type of allowance will undoubtedly lead to law suits on behalf of employees.

]]> By: Marilyn Kuntz http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you/comment-page-1/#comment-126 Marilyn Kuntz Tue, 15 Apr 2008 13:44:07 +0000 http://www.hrmorning.com/the-one-little-fmla-change-that-could-mean-the-most-to-you#comment-126 No comment, but I would like to receive followup comments via e-mail. No comment, but I would like to receive followup comments via e-mail.

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