Comments on: Four tricks for curing FMLA headaches http://www.hrbenefitsalert.com/four-tricks-for-curing-fmla-headaches/ Daily dose of benefits news and know-how Sat, 18 Jun 2011 21:36:33 +0000 hourly 1 http://wordpress.org/?v=abc By: Donna http://www.hrbenefitsalert.com/four-tricks-for-curing-fmla-headaches/comment-page-1/#comment-8859 Donna Thu, 21 May 2009 16:58:16 +0000 http://www.hrbenefitsalert.com/?p=846#comment-8859 Pam Baldwin and Marcia Kennedy's comments are well noted. How about a decision tree for California employers? I cannot use the DOL's website for forms and notices because of conflicts with California Family Rights Act, California Constitution and Privacy laws. Pam Baldwin and Marcia Kennedy’s comments are well noted.

How about a decision tree for California employers?

I cannot use the DOL’s website for forms and notices because of conflicts with California Family Rights Act, California Constitution and Privacy laws.

]]> By: Linda http://www.hrbenefitsalert.com/four-tricks-for-curing-fmla-headaches/comment-page-1/#comment-8454 Linda Fri, 15 May 2009 13:47:02 +0000 http://www.hrbenefitsalert.com/?p=846#comment-8454 Great article and great suggestions ~ thanks for the decision tree! Great article and great suggestions ~ thanks for the decision tree!

]]> By: Judy http://www.hrbenefitsalert.com/four-tricks-for-curing-fmla-headaches/comment-page-1/#comment-8393 Judy Thu, 14 May 2009 20:17:31 +0000 http://www.hrbenefitsalert.com/?p=846#comment-8393 I thought that FMLA leave was "protected" leave and that the employee was entitled to be reinstated to their job when they returned. I don't see how you can include that with the statement that if they take more than x amount of short or long term disability they may be terminated. While my company is not governed (at this time) by a FMLA leave law we always do our best to work with any employee needing leave including keeping their job available for when the return. I thought that FMLA leave was “protected” leave and that the employee was entitled to be reinstated to their job when they returned. I don’t see how you can include that with the statement that if they take more than x amount of short or long term disability they may be terminated.

While my company is not governed (at this time) by a FMLA leave law we always do our best to work with any employee needing leave including keeping their job available for when the return.

]]> By: Sherry http://www.hrbenefitsalert.com/four-tricks-for-curing-fmla-headaches/comment-page-1/#comment-8387 Sherry Thu, 14 May 2009 18:54:29 +0000 http://www.hrbenefitsalert.com/?p=846#comment-8387 Thanks for the info. FYI - the linked decision tree is a flow chart. A decision tree would be easier to follow for employees and management. Thanks for the info. FYI – the linked decision tree is a flow chart. A decision tree would be easier to follow for employees and management.

]]> By: Marcia Kennedy http://www.hrbenefitsalert.com/four-tricks-for-curing-fmla-headaches/comment-page-1/#comment-8385 Marcia Kennedy Thu, 14 May 2009 18:39:06 +0000 http://www.hrbenefitsalert.com/?p=846#comment-8385 I have one issue with the above article, it states "Many firms already require employees to use up paid-time off (PTO) before moving on to FMLA. You’re in the clear to do so as long as you notify employees of this policy." I think it should state they employees should use up PTO concurrently with FMLA NOT before. This would indicate that employees would take all their PTO and then get an additional 12 weeks! I have one issue with the above article, it states “Many firms already require employees to use up paid-time off (PTO) before moving on to FMLA. You’re in the clear to do so as long as you notify employees of this policy.” I think it should state they employees should use up PTO concurrently with FMLA NOT before. This would indicate that employees would take all their PTO and then get an additional 12 weeks!

]]> By: Pam Baldwin http://www.hrbenefitsalert.com/four-tricks-for-curing-fmla-headaches/comment-page-1/#comment-8384 Pam Baldwin Thu, 14 May 2009 18:10:09 +0000 http://www.hrbenefitsalert.com/?p=846#comment-8384 You might want to rethink the comment about limiting and terminating for utilizing FMLA leave. The statute's intent was to protect employees from adverse employment actions such as terminations. The only case in which I am aware that you should consider terminating someone on FMLA leave would be if you would have terminated regardless of the serious health condition. In addition, the Department of Labor already has a preliminary eligibility form that now needs to be provided to employees. It's not ust a nice thing to do anymore, it's the law. My organization sends the approval notice (the second notification - prior to the amendment, only one was required) once medical certification has been received. This column appears to be a little dated in its information. Having a decision tree is a good idea. Also, the Department of Labor's website is very user friendly. Getting all forms and notices directly from them saves the burden of having to reproduce them yourself. If you've not had a chance to review the side since the FMLA was amended, now would be a good time to get familiar with the law. Employees are becoming more litigious, especially in light of the down economy. You might want to rethink the comment about limiting and terminating for utilizing FMLA leave. The statute’s intent was to protect employees from adverse employment actions such as terminations. The only case in which I am aware that you should consider terminating someone on FMLA leave would be if you would have terminated regardless of the serious health condition.

In addition, the Department of Labor already has a preliminary eligibility form that now needs to be provided to employees. It’s not ust a nice thing to do anymore, it’s the law. My organization sends the approval notice (the second notification – prior to the amendment, only one was required) once medical certification has been received. This column appears to be a little dated in its information.

Having a decision tree is a good idea. Also, the Department of Labor’s website is very user friendly. Getting all forms and notices directly from them saves the burden of having to reproduce them yourself. If you’ve not had a chance to review the side since the FMLA was amended, now would be a good time to get familiar with the law. Employees are becoming more litigious, especially in light of the down economy.

]]> By: Jackie Gabbert http://www.hrbenefitsalert.com/four-tricks-for-curing-fmla-headaches/comment-page-1/#comment-8379 Jackie Gabbert Thu, 14 May 2009 16:56:04 +0000 http://www.hrbenefitsalert.com/?p=846#comment-8379 I printed the FMLA decision tree for consideration in our organization. What I noticed is that the tree does not include the FMLA change to include a family member caring for returning military-related injury. Is there a way to get a copy of the tree that could be modified? Thank you. I printed the FMLA decision tree for consideration in our organization. What I noticed is that the tree does not include the FMLA change to include a family member caring for returning military-related injury. Is there a way to get a copy of the tree that could be modified?

Thank you.

]]> By: Loreen http://www.hrbenefitsalert.com/four-tricks-for-curing-fmla-headaches/comment-page-1/#comment-8374 Loreen Thu, 14 May 2009 15:13:42 +0000 http://www.hrbenefitsalert.com/?p=846#comment-8374 Does the employee need to request FMLA and what if they don't? Does the employee need to request FMLA and what if they don’t?

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