Comments on: Employees on FMLA claim they’re owed more paid sick days http://www.hrlegalnews.com/employees-on-fmla-claim-theyre-owed-more-paid-sick-days/ Up-to-the-minute cases and law impacting HR Fri, 17 Jul 2009 14:01:31 -0400 http://wordpress.org/?v=abc hourly 1 By: Harold http://www.hrlegalnews.com/employees-on-fmla-claim-theyre-owed-more-paid-sick-days/comment-page-1/#comment-6122 Harold Thu, 12 Mar 2009 14:38:31 +0000 http://www.hrlegalnews.com/?p=1122#comment-6122 What we would all need to answer the question accurately is Beth's FMLA policy as written plus the Sick Pay and Attendance Policies. It could make a significant difference if the person is exempt or non-exempt. In Beth's specific case it is not evident she had been off on FMLA, and to me appears to have used all of her policy given vacation and personal time. After she used or requested more time taking disciplinary action would be in order. My company does as does Lisa in requiring concurrent use of FMLA/PT/Vacation. If they have future absences due to illness not covered by FMLA, they work their way through our attendance policy. What we would all need to answer the question accurately is Beth’s FMLA policy as written plus the Sick Pay and Attendance Policies. It could make a significant difference if the person is exempt or non-exempt.

In Beth’s specific case it is not evident she had been off on FMLA, and to me appears to have used all of her policy given vacation and personal time. After she used or requested more time taking disciplinary action would be in order.

My company does as does Lisa in requiring concurrent use of FMLA/PT/Vacation. If they have future absences due to illness not covered by FMLA, they work their way through our attendance policy.

]]> By: Lisa Malkewicz http://www.hrlegalnews.com/employees-on-fmla-claim-theyre-owed-more-paid-sick-days/comment-page-1/#comment-6104 Lisa Malkewicz Thu, 12 Mar 2009 12:59:23 +0000 http://www.hrlegalnews.com/?p=1122#comment-6104 I agree with Bill. We require employees to use sick days concurrent with FMLA. If they exhaust the sick days they're required to use their vacation bank. What happens if they run out of paid time off and are sick later in the year when FMLA is over? I agree with Bill. We require employees to use sick days concurrent with FMLA. If they exhaust the sick days they’re required to use their vacation bank. What happens if they run out of paid time off and are sick later in the year when FMLA is over?

]]> By: Bill Maynard http://www.hrlegalnews.com/employees-on-fmla-claim-theyre-owed-more-paid-sick-days/comment-page-1/#comment-6065 Bill Maynard Wed, 11 Mar 2009 19:58:27 +0000 http://www.hrlegalnews.com/?p=1122#comment-6065 Your example was built on a false premise. In the opening paragraph you said most companies require there employees to use sick leave when on FMLA. Then the determination was built on the fact that they had a choice. So the question remains if the company requires that I use my sick leave while on FMLA and then I return to work catch the flue and take additional days of sick leave 1) should it be paid? 2) Should there be any discipline? Your example was built on a false premise. In the opening paragraph you said most companies require there employees to use sick leave when on FMLA. Then the determination was built on the fact that they had a choice.

So the question remains if the company requires that I use my sick leave while on FMLA and then I return to work catch the flue and take additional days of sick leave 1) should it be paid? 2) Should there be any discipline?

]]> By: Harold http://www.hrlegalnews.com/employees-on-fmla-claim-theyre-owed-more-paid-sick-days/comment-page-1/#comment-6063 Harold Wed, 11 Mar 2009 19:49:35 +0000 http://www.hrlegalnews.com/?p=1122#comment-6063 Offering FMLA as an option was the right move. At the point she started speaking of suicide, the other managers should leave the meeting for confidentiality. There are so many possiblities of why she got upset and angry, it boggles the mind but I have seen a few key issues: - Domestic abuse at home, work was her refuge and she did not know what to do. - An addiction issue - Personal legal issues - Medical issues she did really need help for but could not cope and develop a plan for herself. This is a very sad issue when they can not get help nor will accept help. Our real lives in HR are not always textbook. Offering FMLA as an option was the right move.

At the point she started speaking of suicide, the other managers should leave the meeting for confidentiality.

There are so many possiblities of why she got upset and angry, it boggles the mind but I have seen a few key issues:

- Domestic abuse at home, work was her refuge and she did not know what to do.
- An addiction issue
- Personal legal issues
- Medical issues she did really need help for but could not cope and develop a plan for herself. This is a very sad issue when they can not get help nor will accept help.

Our real lives in HR are not always textbook.

]]> By: Janet http://www.hrlegalnews.com/employees-on-fmla-claim-theyre-owed-more-paid-sick-days/comment-page-1/#comment-6052 Janet Wed, 11 Mar 2009 18:47:22 +0000 http://www.hrlegalnews.com/?p=1122#comment-6052 Beth, It sounds like you did all of the right things. I'm sure there is a part of you that is glad she quit, and another part of you that is extremely worried about her. I don't think in all cases employees will resent when you suggest (or demand) FMLA. But you have to do what is best for your company and employees as a whole. Beth, It sounds like you did all of the right things. I’m sure there is a part of you that is glad she quit, and another part of you that is extremely worried about her.

I don’t think in all cases employees will resent when you suggest (or demand) FMLA. But you have to do what is best for your company and employees as a whole.

]]> By: Beth http://www.hrlegalnews.com/employees-on-fmla-claim-theyre-owed-more-paid-sick-days/comment-page-1/#comment-6031 Beth Wed, 11 Mar 2009 16:46:41 +0000 http://www.hrlegalnews.com/?p=1122#comment-6031 I had a similar problem with an employee who was over her sick and vacation time and kept asking for more, last minute, time off. I scheduled a meeting with her and her managers and explained that she has been having major attendance issues and could she share with us what was going on. she said she had been having "personal" problems. She also said she attempted suicide before and was worried. She had also called from the emergency room one time and said that she has emotional problems. I then told her that she really needed to take off some time and explained FMLA to her. She got very upset, ran from the room and so on....I said she needs to take some time off and get some help and did she want me to take her home. She flew out the door yelling things to me. I said she can't come back to work without a doctors note and something saying that she is able to work, or she needed to take FMLA. She said ok, then called in the nxet day and quit. It appears that even when you offer an employee help they resent it. I'm just glad that I offered FMLA as it seems like I could have been in trouble if I didn't offer it. Any comments on that situation? I had a similar problem with an employee who was over her sick and vacation time and kept asking for more, last minute, time off. I scheduled a meeting with her and her managers and explained that she has been having major attendance issues and could she share with us what was going on. she said she had been having “personal” problems. She also said she attempted suicide before and was worried. She had also called from the emergency room one time and said that she has emotional problems.

I then told her that she really needed to take off some time and explained FMLA to her. She got very upset, ran from the room and so on….I said she needs to take some time off and get some help and did she want me to take her home. She flew out the door yelling things to me.

I said she can’t come back to work without a doctors note and something saying that she is able to work, or she needed to take FMLA. She said ok, then called in the nxet day and quit.

It appears that even when you offer an employee help they resent it. I’m just glad that I offered FMLA as it seems like I could have been in trouble if I didn’t offer it.

Any comments on that situation?

]]> By: FMLA law Family Medical Leave Act update, Latest cases on FMLA Law : FMLA Law News Update March 10 http://www.hrlegalnews.com/employees-on-fmla-claim-theyre-owed-more-paid-sick-days/comment-page-1/#comment-5968 FMLA law Family Medical Leave Act update, Latest cases on FMLA Law : FMLA Law News Update March 10 Tue, 10 Mar 2009 04:36:33 +0000 http://www.hrlegalnews.com/?p=1122#comment-5968 [...] and advice from the intersection of tech and HR. HRTechNews.com - http://www.hrtechnews.com/ Employees on FMLA claim they’re owed more paid sick days … By Sam Narisi Many companies require employees to use paid sick time concurrently with FMLA leave. [...] [...] and advice from the intersection of tech and HR. HRTechNews.com – http://www.hrtechnews.com/ Employees on FMLA claim they’re owed more paid sick days … By Sam Narisi Many companies require employees to use paid sick time concurrently with FMLA leave. [...]

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