Comments on: Secrets to managing FMLA: Setting the FMLA clock http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/ Up-to-the-minute cases and law impacting HR Fri, 17 Jul 2009 14:01:31 +0000 hourly 1 http://wordpress.org/?v=abc By: Maria http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/comment-page-1/#comment-10361 Maria Wed, 17 Jun 2009 18:57:37 +0000 http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/#comment-10361 We use th 12 rolling system. The employee was out last year from May 5, 2008 to July 28, 2008 as FMLA. When is the eployee elegible again? On May 5, 2009? We use th 12 rolling system. The employee was out last year from May 5, 2008 to July 28, 2008 as FMLA. When is the eployee elegible again? On May 5, 2009?

]]> By: shell http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/comment-page-1/#comment-9201 shell Thu, 21 May 2009 16:29:22 +0000 http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/#comment-9201 yep. yep.

]]> By: Susan Soccol http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/comment-page-1/#comment-8834 Susan Soccol Wed, 13 May 2009 19:04:39 +0000 http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/#comment-8834 An employee comes in to apply for a leave but is not eligible because they have not yet met the year of service criteria. They will however met the year of service requirement within a few weeks and has met the 1,250 hours requirement. Can the FMLA become effective on the day that they reach the year of service requirement even if they are currently out on a LOA? An employee comes in to apply for a leave but is not eligible because they have not yet met the year of service criteria. They will however met the year of service requirement within a few weeks and has met the 1,250 hours requirement. Can the FMLA become effective on the day that they reach the year of service requirement even if they are currently out on a LOA?

]]> By: Laura http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/comment-page-1/#comment-1732 Laura Wed, 15 Oct 2008 16:29:26 +0000 http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/#comment-1732 We run a 24/7 operation in 12 hr shifts. My ees work 3 days during week 1, 4 days week 2, 3 days week 3, 4 days week 4 and so on rotating each week. How do I count their 12 weeks of time off? Do I count each Mon-Fri week they would of worked or count the days they missed until they equal '7' days missed equaling one week. Also, since the shifts are 12 hrs long does it still equal only one day or does the number of hours make a difference? Please advise. We run a 24/7 operation in 12 hr shifts. My ees work 3 days during week 1, 4 days week 2, 3 days week 3, 4 days week 4 and so on rotating each week. How do I count their 12 weeks of time off? Do I count each Mon-Fri week they would of worked or count the days they missed until they equal ’7′ days missed equaling one week. Also, since the shifts are 12 hrs long does it still equal only one day or does the number of hours make a difference? Please advise.

]]> By: shell http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/comment-page-1/#comment-1661 shell Wed, 08 Oct 2008 14:33:43 +0000 http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/#comment-1661 This article says you can only apply the 1250 hourly requirement once per year. That is not correct. You would evaulate hours again (mid year) if the employee has a new/different reason for needing the leave. If they met the requirement for their own SHC (asthma as an example) and they used 7 weeks. Then later in the year they broke their foot...you would STILL check to see if they have worked the 1250 hours within the 12 months immediately preceding the NEW leave. This article says you can only apply the 1250 hourly requirement once per year. That is not correct. You would evaulate hours again (mid year) if the employee has a new/different reason for needing the leave. If they met the requirement for their own SHC (asthma as an example) and they used 7 weeks. Then later in the year they broke their foot…you would STILL check to see if they have worked the 1250 hours within the 12 months immediately preceding the NEW leave.

]]> By: Teresa http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/comment-page-1/#comment-1606 Teresa Thu, 02 Oct 2008 03:15:15 +0000 http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/#comment-1606 Is a employer able to require and schedule an employee to work an extra 12 hour shift to make-up for a 12 hour shift not worked that was covered under FMLA and pto hours were used. Is a employer able to require and schedule an employee to work an extra 12 hour shift to make-up for a 12 hour shift not worked that was covered under FMLA and pto hours were used.

]]> By: Mandy K http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/comment-page-1/#comment-458 Mandy K Thu, 10 Jul 2008 14:42:56 +0000 http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/#comment-458 Does non-required overtime count toward the 1,250-hour eligibility requirement, particularly if it is not a part of the employee's normal work schedule, but is rather on an as-needed basis? Does non-required overtime count toward the 1,250-hour eligibility requirement, particularly if it is not a part of the employee’s normal work schedule, but is rather on an as-needed basis?

]]> By: FMLA law Family Medical Leave Act update, Latest cases on FMLA Law : FMLA Law News Update 6-10 http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/comment-page-1/#comment-271 FMLA law Family Medical Leave Act update, Latest cases on FMLA Law : FMLA Law News Update 6-10 Tue, 10 Jun 2008 03:22:19 +0000 http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/#comment-271 [...] Secrets to managing FMLA: Setting the FMLA clock April 11, 2008 by Sam Narisi Posted in: FMLA, In this week’s e-newsletter, Latest News & Views, Recent decisions [...] [...] Secrets to managing FMLA: Setting the FMLA clock April 11, 2008 by Sam Narisi Posted in: FMLA, In this week’s e-newsletter, Latest News & Views, Recent decisions [...]

]]> By: Sam Narisi http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/comment-page-1/#comment-244 Sam Narisi Tue, 03 Jun 2008 21:08:26 +0000 http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/#comment-244 Teri, If an employee can't perform the "essential functions" of a job, even with a reasonable accomodation, he or she isn't protected by the ADA. Also, if you think she is simply trying to avoid a part of the job she doesn't like, you might want to ask for a doctor's note to support her claims. Sam Narisi Editor HRLegalNews.com Teri,

If an employee can’t perform the “essential functions” of a job, even with a reasonable accomodation, he or she isn’t protected by the ADA. Also, if you think she is simply trying to avoid a part of the job she doesn’t like, you might want to ask for a doctor’s note to support her claims.

Sam Narisi
Editor
HRLegalNews.com

]]> By: Teri http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/comment-page-1/#comment-229 Teri Thu, 29 May 2008 19:04:15 +0000 http://www.hrlegalnews.com/secrets-to-managing-fmla-setting-the-fmla-clock/#comment-229 How about an employee that has stated they have a back injury and can not go on outings; simple walks with the preteen kids. This is a requirement of the position and we have allowed her to not do the hiking, but now it is any activity. This injury happened at home slipped on stairs 1 year ago and she now is stating she can not even do the simple walks. The employee has never really liked the outdoor act ivies, but it is a part of her job. Does she fall under ADA? what can I do to make this work we have accommodated her as much as we can. There is no doctors note or letters stating she can not partake in act ivies. How about an employee that has stated they have a back injury and can not go on outings; simple walks with the preteen kids. This is a requirement of the position and we have allowed her to not do the hiking, but now it is any activity. This injury happened at home slipped on stairs 1 year ago and she now is stating she can not even do the simple walks. The employee has never really liked the outdoor act ivies, but it is a part of her job. Does she fall under ADA? what can I do to make this work we have accommodated her as much as we can. There is no doctors note or letters stating she can not partake in act ivies.

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