Legal Forum
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
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Posted: 2002-10-28 17:22
We are currently clarifying certain topics in our employee policy manual and handbook. A question arose as to whether certain "triggers" for FMLA eligibility can be employer defined? The scenario is this, we currently have a policy stating that if an employee calls in sick for 3 or more consecutive days, a note from the doctor is required to return to work. In the minds of some of our managers this would be enough to designate a serious medical condition and thus trigger FMLA eligibility. Others say more information is needed, if the employee simply took 4 days to get over a cold, that would hardly qualify. Hope you can help clear this up. Thanks.
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Joined: Jul 09, 2002 Posts: 825
Posted: 2002-10-29 04:54
If you are an employer subject to the FMLA, your family and medical leave policy must at least comply with what the FMLA requires-- in that sense, you are not free to define the "triggers" for FMLA eligibility. The FMLA, however, permits employers to give greater leave benefits to their employees that the statute requires-- in that sense you can define your own "triggers."
With respect to your current policy, the FMLA defines as a serious health condition, among other things, a period of incapacity of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves treatment two or more times by a health care provider (including a nurse, physician's assistant, etc.) or treatment by a health care provider on at least one occasion which results in a regimen of continuing tretment under the supervision of a health care provider.
weaverw
Joined: Oct 29, 2002 Posts: 2
Posted: 2002-10-29 08:14
My company currently pays employees for up to 5 sick days (whether or not we think they are actually sick) and have recently stopped paying all individuals with approved FMLA. Why is it that someone can call in sick (and are actually just taking a day off) gets paid and someone who has cancer and is approved for FMLA does not get paid? How can a company as large as the one I work for get away with this? How should I proceed? I think my company is setting themselves up for law suits.
honeygirl_57
Joined: Jan 05, 2004 Posts: 1
Posted: 2004-01-05 17:01
Our company has a policy that after 26 weeks of paid sick/workman's comp time, u are terminated. No matter what u are out sick for.....stroke, heart attack, hurt on the job, cancer, etc. Is this legal to do in the State of New Jersey??? Do I, or anyone else, have a chance in court getting our job back or never losing it in the first place???Diane
murfi
Joined: May 08, 2004 Posts: 1
Posted: 2004-05-08 23:44
[quote]
On 2002-10-29 08:14, weaverw wrote:
My company currently pays employees for up to 5 sick days (whether or not we think they are actually sick) and have recently stopped paying all individuals with approved FMLA. Why is it that someone can call in sick (and are actually just taking a day off) gets paid and someone who has cancer and is approved for FMLA does not get paid? How can a company as large as the one I work for get away with this? How should I proceed? I think my company is setting themselves up for law suits.
[/quote]
nork3
Joined: Feb 12, 2002 Posts: 3876
Posted: 2004-05-10 15:54
The Family and Medical Leave Act does not require employers to pay for time taken under the Act. It's actually the rare company which does provide compensation for such leave.
Many companies have either long term or short term disability plans or both. Such plans will provide some level of compensation (usually 66% of regular pay) for the period of time during which the employee is disabled. After six months of disability, Supplemental Social Security and Medicare both kick in.
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Posted: 2002-10-28 17:22 
