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Frequently Asked Questions

Can an employer deny a FMLA day to an employee who has an existing medical certification under FMLA?

Employers Group: HR FAQ
Yes, you may request a new certification every 30 days, but not more frequently unless there is a change in the employee's condition. If the health care provider puts the employee out for more than 30 days, you may request recertification only after that time expires. A recent DOL opinion letter states that you can request a new recertification annually.

What family and medical reasons to qualify an employee for FMLA leave?

Harris Dowell Fisher & Harris, L.C. -- Family & Medi...
FMLA leave may be required for the following reasons, if both the employer and employee are eligible:

How soon does the employee need to notify their employer when they may need FMLA?

UARK HR Frequently Asked Questions
Foreseeable leave based on an expected birth or placement, the employee shall provide the employer with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to take leave, except that if the date of the birth or placement requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.

Q - Do I need to have an employee complete an FMLA certification for pregnancy leave?

FMLA Consultation Services
A - This is so routine that it's probably OK not to, but Royal Medical Consultants, Inc. recommends that to be consistent and to avoid any ambiguity you should request certification papers on anyone requesting a leave.

What damages can I receive if I prove that my employer violated the Family Medical Leave Act (FMLA)?

Untitled Document
The Family Medical Leave Act (FMLA) provides that you may receive damages equal to any wages, salary, employment benefits or other compensation denied or lost by reason of the violation. If the violation is proven to be willful then a court may double the amount of wages, salary or benefit or other compensation lost. You may also be entitled to reasonable attorney’s fees and expenses associated with the litigation of the matter.

Can the labor certification obtained in my name, be used by the employer for other employee instead?

SysMind IT Enabled Financial Services
Yes. The company has all rights to change the employee that it was originally filed for. The labor certification is about a job, it does not "belong" to anyone except the company

Will an employee have to provide medical information?

PSU Affirmative Action Office
In the context of assessing an accommodation request, medical documentation may be needed. Medical documentation is often needed to determine if the employee has a disability covered by the ADA and is entitled to an accommodation (i.e.

When can an employee take OFLA and FMLA?

Technical Assistance for Employers OFLA Q & A
Although there are a few exceptions, OFLA and FMLA generally provide 12 weeks of unpaid leave per year for the following purposes: To care for a family member with a serious health condition or the employee´s own serious health condition (serious health condition leave). To care for a sick child who does not have a serious health condition, but requires home care (sick child leave).

Can an employer pay an employee wages with a debit card?

Wage & Hour
No. Vermont law, 21 V.S.A ?343 does not permit wages to be paid via debit card at this time. The statute requires that wages be paid in cash or check, as defined in the Vermont UCC (Uniform Commercial Code). A debit card does not fit the definition of cash or check defined by the UCC.

What if the employee fails to provide medical certification?

FMLA Consultation Services
If the employee does not provide proper medical certification within the required time period, you may delay the leave until the certification is provided. If the employee never provides the certification, he is not considered to be on FMLA leave. However, you may still have to grant FMLA leave if the employee has made diligent, good faith efforts to obtain the medical certification from the health care provider but has been unable to get it.

Do you have to accept the employee's medical certification as the final word?

FMLA Consultation Services
Even though you may not request additional information from the employee's provider, FMLA 2nd Opinion the employer may contact the employee's provider on behalf of the employer to clarify the medical certification authenticity. Alternatively, you may require a second opinion from an independent health care provider that you select (but who does not regularly work for the employer). The employer is responsible for this expense.

My employer participates in the employee matching gift program. How do I enroll?

Frequently Asked Questions FAQs
a registered 501(c)(3) non-profit organization, VPR is eligible for many employers' Corporate Matching Gifts programs. Simply obtain a matching gift form from your human resources department and send it to VPR, along with your membership contribution.

Family Medical Leave Act (FMLA) - How can I get it?

NTEU Chapter 73 - Cincinnati IRS Service Center
Generally speaking, FMLA cannot be denied if the employee has a medically certified condition, or is caring for a covered individual who has a medically certified condition. Contact the Union Office if you have specific issues or questions.

What happens to an employee's medical expense reimbursement account when employment is terminated?

Wisconsin DETF - Employee Reimbursement Account FAQ's
employee who terminates employment mid-year is entitled to continue participation in the medical expense reimbursement account for the remainder of the plan year. The employee may increase pre-tax salary reductions prior to termination in order to complete annual contributions before termination.

What are some alternatives when an employee is allergic to gloves provided by the employer?

Bloodborne frequently asked questions
d)(4)(C) provides that hypoallergenic gloves, glove liners, powderless gloves, or other similar alternatives must be provided for employees who are allergic to the gloves that are normally provided. 5193(d)(4)(H)

Why am I the chargeable employer on my employee's disability claim?

Department of Labor and Workforce Development | Frequently A...
The most recent employer is the chargeable employer under New Jersey's Temporary Disability Insurance Law.  Under the provisions of the New Jersey Unemployment Compensation Law, all covered base year employers proportionately share the benefit charge associated with a UI claim.  But this is not possible under the Temporary Disability Insurance Program because it encompasses both State Plan and Private Plan coverage.

When is it illegal for an employer to fire an employee?

GraceHollis & What We Do
In an at-will employment, the employer may fire the employee for any reason, or no reason at all, with some exceptions. An employer may not fire an employee for discriminatory reasons, such as race or gender. The employer also may not fire the employee because the employee has engaged in a protected activity.

What notice must an employee give to an employer?

Gowlings Establishing a Business in Canada [Employment Law i...
In common law and in civil law, an employee must give reasonable notice to an employer if he/she chooses to resign his/her position.
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