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Thank you for your responses to the first posting. Now I need to know, We only have 34 employees.We do not fall under FMLA,we do not have sick time, We do however accrue PTO/VACATION time.Do we have t
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back injury?
posted at 1/15/2011 5:50 AM EST
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Posts: 13
First: 2/7/2008
Last: 1/19/2011
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Thank you for your responses to the first posting. Now I need to know, We only have 34 employees.We do not fall under FMLA,we do not have sick time, We do however accrue PTO/VACATION time.Do we have to pay someone for the time off when we ask them to go for the Fit For Duty Exam and until a physician releases them back to work? Or do they need to use their Pto/vacation time or just no pay? Please Advise in Pennsylvania
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back injury?
posted at 1/17/2011 2:48 AM EST
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Posts: 1771
First: 10/24/2002
Last: 9/14/2011
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You could have said this in your original thread. In fact, all four threads should actually and properly be one thread.
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back injury?
posted at 1/17/2011 4:27 AM EST
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Posts: 13
First: 2/7/2008
Last: 1/19/2011
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Sorry for that, Just looking for advice here on the situations?
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back injury?
posted at 1/17/2011 4:44 AM EST
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Posts: 1771
First: 10/24/2002
Last: 9/14/2011
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All these threads make giving appropriate advice quite difficult...
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back injury?
posted at 1/17/2011 5:08 AM EST
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Posts: 2146
First: 2/15/2006
Last: 9/14/2011
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Since you have so many different scenarios, I strongly suggest getting with a local employment labor law attorney to go over the basics of federal and state laws with you and how they affect your company.
While every case will be different, you really seem to need a basic course on this and I don't think that any of us here can give you enough education for you to be making good decisions for your company.
Have them go over what ADA is and what is covered...you might want to read through the ADA article at the EEOC also. Have them set up the procedure/policies for your company so you can standardize the process.
As to pay while they are out, that is usually state-specific. For example, in CA you can't require them to use their PTO but in most other states you can. We have a policy at our companies that all PTO must be used before any unpaid timeoff.
Also some states have mandatory disability insurance that comes into play. Also if you have a disability benefit plan, that can play into the issue also.
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back injury?
posted at 1/17/2011 6:33 AM EST
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Posts: 13
First: 2/7/2008
Last: 1/19/2011
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I was asking for advice ,I did not give my opinions or an answer to the situations that I have asked about in any of the questions that I brought forth.I was very curious to know how others may react to these situations in their workforce.Thank you.
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back injury?
posted at 1/18/2011 9:16 AM EST
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Posts: 2442
First: 2/12/2000
Last: 9/14/2011
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Implicit in asking for advice is that you fully disclose, up front, ALL the facts. Folks here are voluntarily giving up their very valuable time and advice to offer solutions after reading the information presented. They are not here to be "tested" by providing bits and pieces of a problem doled out one at a time.........
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back injury?
posted at 1/19/2011 2:13 AM EST
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Posts: 1771
First: 10/24/2002
Last: 9/14/2011
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Agree. HRmngr I find your latest response to be very rude, snippy and condescending. We are not here to be spoken/written to that way. Take your attitude elsewhere.
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back injury?
posted at 1/19/2011 2:38 AM EST
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Posts: 13
First: 2/7/2008
Last: 1/19/2011
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I was merely asking some questions at this proffesional site to try and get some input and as people read through this thread they should be able to see that I has not being rude, snippy or condescending in anyway.I have to thank rrupert for giving me the best advice.I apologized to hrbth in the beginning and this was how I was treated I writing!
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