i appiled for flma becouse i hurt my neck.I could not turn to the right and had pain.So i whent to a ciropractor to help me.I whent to him for 6 days staight and missed 5 days of work.I appiled for flma , had all the right paper work.They a t and t told me i needed xrays becouse i whent to a ciropractor instead of a regular doc or a orthopedic doctor.So ihave been denined flma leave.I read that they can not descriminate any liceneced doctor.i feel that i have been lyed to by my company and the flma center.

fmla-rules.com answer

Perhaps a call to a local attorney would be in order for this situation. Your employer can’t retaliate against you for taking FMLA and if the chiropractor you saw was indeed a medical doctor who required that you take the time off from work for this serious medical condition, then your employer may have broken the law.

I worked for a company that has 12-15 employees. I have been having some issues that would require inpatient stay. I asked my CFO if I could take FMLA. He said that I might not have a job when I came back. Then he said he would check into it, At the end of the day I went to tell him that I had a solution and he fired me. Is this legal. Thank you

FMLA-Rules.com answer

Unfortunately the Family Medical Leave Act applies to companies with 50 or more employees and many other laws require 15 to 20 employees. What your employer did isn’t ethical by any means, but he didn’t violate FMLA because it doesn’t apply to his business, however it might be worth a call to an attorney to be sure he hasn’t violated any civil laws.

Question from Chris a Machinist

I was approved by my company for FMLA in Feb.2011 and they told me that it would last till Feb. 2012. I was told today that it had been canceled until I get another paper signed by my doctor. They said that they were going to do this to everyone. They said that they would make everyone resign every 30 days!! Is this leagell?

Is it legal for your employer to request medical certification from your doctor for FMLA, it certainly is! The employer needs to give the employee a minimum of 15 days to get the certificate and most doctors don’t mind filling them our (or having their assistant fill it out). This is done in part to protect the employer from people who stub their toe and want to take 12 weeks off for their new condition.

Remember, FMLA is for 12 weeks of unpaid leave, if your employer is stating you have a full year, you might be receiving additional benefits that require a medical certificate. If you feel they are treating you unfairly, speak with an attorney, document the dates you began your leave and how much time you were given and ask your doctor to complete a new certificate to stay in compliance.

We’re all getting older. Unfortunately, that statement is so true, and the implication for employers is significant.

In 1995, 33.6 million Americans were over the age of 65 and by 2005 that number will exceed 40 million. The fastest growing population in the U.S. is the “old-old” (those over 85). As our population ages, there is a greater need for personal care. In 1994, 25% of our elderly population required some form of daily assistance.

So who is providing this assistance? Nursing homes? In fact, only about 20% of our elderly are in nursing homes. The rest rely upon family members and the vast majority of these care givers are women. What is more amazing is that 64% of these women also hold either full or part-time jobs. And, if that wasn’t enough, nearly a majority of them also care for children under the age of 18.

What is the implication of this on the workplace? What “condition” are these caregivers in when they come to work every day? As employers, what can you do to assist them?

The impact on employers is significant. With employees faced with the dual demands of family and work, there will be increased tardiness and absenteeism. Employees will be working less hours and sick leave benefits will be used at a greater rate. A recent the Wall Street Journal survey reports that employees feel entitled to take this time off. Beyond the issue of attendance, we can expect to see a rise in early resignations, and retirements and a decline in worker productivity.

So what can employers do to address this issue? What assistance can they provide?

Employees are faced with difficult choices. How can they balance work with the need to provide care for their families? This issue creates tremendous stress that does not go away when employees arrive at work.

Employers can do much to ease the pressure and in some cases, can even provide some solutions. Elder care referral services is a tremendous, inexpensive benefit. Local community service organizations are more than willing to work with employers and their employees to help them during this period. Unfortunately, according to a recent Society for Human Resource Management (SHRM) survey, only 14% of employers are utilizing such a benefit.

Employee Assistance Programs (EAP) are another tool to help employees. EAPs can both assist in finding eldercare services as well as helping employees deal with the stresses and psychological impact of this enormous burden.

Employers must also look at their leave policies. The Family and Medical Leave and Massachusetts’ Small Necessities Leave provide legally mandated relief for workers. However, these leaves are unpaid and employers may be able to restructure their benefit plans to begin providing paid leave.

Finally, employers are going to be forced to provide workers with greater flexibility in their work schedules to accommodate those who are care givers or they will run the risk of losing them. This means adjustments to current policies and procedures, as well as training and educating managers to deal with employees faced with this issue.

The reality of an aging population is here. Employers must work closely with their employees to find solutions to this societal problem.

Rick Dacri is an organizational development consultant, coach and featured speaker at regional and national conferences. Since 1995 his firm, Dacri & Associates (http://www.dacri.com) has focused on improving the performance of individuals and organizations. Rick publishes a monthly newsletter, the Dacri Report (http://www.dacri.com/enewsletter.htm) with the intent to provide clients and friends critical information on issues that impact them, their organization and their employees. Rick can be reached at 1-800-892-9828, or rick@dacri.com.

Author: Rick Dacri
Article Source: EzineArticles.com
Buying Camera in US, Pick up at Canadian border

With a aging workforce employees are now being faced with how to care for elderly parents while still maintaining employment. Elderly care can often times mean that someone is needed all day every day, making it extremely difficult for children to care for their parents while working. The Family Medical Leave Act provides some help in this respect, an employee can take up to 12 weeks of unpaid leave to care for parents who have serious health conditions, obviously if the parent is unable to take care of their own person to the point they need 24 hour assistance it would likely be a qualifying medical condition.

While the leave is unpaid the employee is given time to attend to the parent and help in this difficult time, after the 12 weeks are completed the employee would need to return to work, but they would be able to return to the same or similar job and health benefits would be maintained while on leave.

An employee might also want to check with their employer about intermittent FMLA leave, where the employee would be given time off to attend to a serious medical condition for their parent, that way the employee could keep working and leave as needed by the parent.

Some employers offer dependent care assistance programs, flexible scheduling such as flextime, compressed workweek, job-sharing, part-time employment and telecommuting, and long term care insurance to assist in these times. Check with your employer to see if these benefits are available.

In a recent question I was asked an employee reported to me after they had been fired after taking Family Medical Leave (FMLA). The employee had just had a baby and took 6 weeks before the baby was born due to bed rest required by her doctor, then 6 weeks after the baby was born to recover. Her employer wanted her to return after the 12 weeks had ended, when she was notified of the return to work date she requested an additional 9 days for personal reasons, the employer refused that request and instructed her that if she didn’t return on the day they indicated they would consider it a voluntary quit.

The employee did not return to work on her scheduled date and was told that they could no longer hold the job and they accepted her voluntary quit.

Did the employer violate her rights for FMLA?

FMLA allows for an employee to take up to 12 weeks of unpaid leave, the employer gave her the alloted time off and allowed her to return to work after the 12 weeks had expired. While the employee made a request for additional time the employer is not bound to grant additional time, with some exceptions for disabilities (contact an attorney if you are in that situation). The employee should have returned to work after her leave expired in order to keep her job.

There are many different aspects to each person’s story, don’t assume that this is the right answer for your case, if you need to talk to someone about your FMLA situation or if you need help with FMLA and your employer contact an attorney that specializes in employment law, you can get the help you need! You can also contact your state’s department of labor for answers to questions and help filing a claim.

Thanks for visiting fmla-rules.com!

With all the FMLA regulations and FMLA rules it can be difficult for an employee to understand their rights and how to make FMLA work for them. It’s important that someone who as taken leave knows their rights if, for example, they are terminated because they took FMLA.
Basically it’s illegal for an employer to discharge someone for taking Family Medical Leave, it is also illegal to use the fact that the employee took FMLA as the reason to lay that person off. If you feel that you were discharged for taking FMLA or requesting FMLA then your employer may have violated the law and you might want to discuss your situation with an attorney.
As the employee you also have to do your part, FMLA requires that you give your employer 30 day notice when available. For example if someone is preparing to have a surgery that might make them unable to work for a substantial amount of time it’s best to let your employer know as soon as possible to to meet that requirement, if you are having an elective surgery (one where it doesn’t have to happen the day you find out you need it) you should give your employer as much notice as possible. Obviously there are going to be times where the only notice the employer will receive is when you are in the hospital recovering or helping a family member recover, so there is some flexibility in the notice. Just remember, if you know that you will be out of work for a medical condition, make sure your employer knows in advanced so they can correctly count your time off as FMLA.

“Work Laws Exposed” reveals how everyday people can use the law to fight back against a bad boss & save their job from layoffs, w/o hiring a $300 hour lawyer.
Click Here!

Are you a working parent who sometimes needs to take time off your job to take care of your sick child, spouse or parent? Then you must be well informed about the intricacies of the Family and Medical Leave Act or (FMLA).

In 1993, the federal government enacted the Family and Medical Leave Act (FMLA) as a law intended to assist employees in balancing their responsibilities at work and their responsibilities with family and personal health.

The FMLA have a set guideline on who can be eligible for availing the said absence benefits. These benefits may reach up to 12 weeks of leave without pay but with definite job restoration and health benefits.

Do you want to know if you can be eligible under the FMLA? First, your company must be eligible, too.

Organizations can become subject to this federal law if they are categorized as a private sector and they have 50 employees or more. Government or public sector agencies with any number of employees are eligible to be subject to the FMLA, too.

Meanwhile, you can be covered by the FMLA if you have been in your company for 12 months in the least or have been working for 1250 hours in the least for the previous 12 months. You can also be eligible for FMLA if you are working within 75 miles of a work site employing 50 employees or more. Moreover, you have not used up the 12 weeks allowed leave under the FMLA in the past 12 months.

The leaves of work you can avail under the FMLA have several types. You can file for leave on several grounds:

1. Birth and caring of a child

2. Placing of a foster or adoptive child in the home

3. Your health conditions are becoming serious

4. An immediate member of the family has grave health conditions.

The FMLA has period calculations. An employer has four choices in the matter of determining the 12 months period of an employee.

- Base from calendar year

- 12 months leave year that may be based on his employee’s anniversary at work or the fiscal year being followed by the company

- Period of 12 months by counting forward from the exact date when the first FMLA of an employer began

- “Rolling” period of 12 months period measuring backward by the date the employee used the FMLA leave.

The leave hours you can avail during the period of 12 weeks would depend on your status.

- If you are a full timer, you can be eligible to 480 hours FMLA leave or 40 hours every week for 12 weeks.
- If you are a part-timer, then you can be eligible for a prorated amount of time off. This will be based on your number of scheduled hours every week.

If you are already married and both you and your spouse are working under the same organization then your FMLA leave may be limited to the collective sum of 12 weeks. This is if your leave is because of the given reasons.

To qualify for the FMLA leave, you have to provide 30 days’ advanced notice in the least.

Got you interested? You can inquire if your company is eligible to be under the FMLA leave and begin spending some quality time with your family.

Find out more information about Family and Medical Leave Act and other employment law cases visit http://www.attorneyservicesetc.com

Author: Carla C. Ballatan
Article Source: EzineArticles.com
Home care

Quick FAQS

What are FMLA and CFRA?

FMLA stands for Federal Family and Medical Leave Act. CFRA stands for California Family Rights Act. Both acts represent Federal and State laws that allow eligible employees to take up to 12 work weeks of unpaid leave during any 12 month period.

What are the acceptable reasons for taking a leave of absence?

For FMLA reasons will include a serious health condition of the employee, child, spouse, or parent; the birth of a child of the employee, placement of a child for adoption or foster care. This includes any period of incapacity due to pregnancy, including prenatal examinations or severe morning sickness.

CFRA works the same as FMLA, except that CFRA also allows for care of a registered domestic partner and excludes pregnancy. For pregnancy, California allows up to 4 months of Pregnancy Disability Leave (PDL) pursuant to the California Fair Employment and Housing Act for all employers with five or more full or part time employees. PDL is for any women hindered due to pregnancy, childbirth, or a related medical condition. This includes prenatal care and severe morning sickness

Federal Family and Medical Leave Act (FMLA) for Covered Employers

Covered Employers are those who engage in activity affecting commerce and employ 50 or more employees in 20 weeks of current or preceding year. Public agencies and private elementary and secondary schools are covered regardless of the number of employees.

California Family Rights Act (CFRA) for Covered Employers

Covered Employers are those who engage in business or enterprise in California and employ 50 or more employees in any 20 weeks of current or preceding calendar year. California, counties, and any political or civil subdivision of the state and cities are covered regardless of the number of employees.

FMLA and CFRA for Covered Employees

Covered Employees are employed with the employer for at least 12 months (need not be consecutive months), worked at least 1,250 hours during the 12 month period immediately preceding the leave, and employed at a worksite where 50 or more employees work within a distance of 75 surface miles.

What are the posting requirements?

An FMLA and CFRA notice explaining entitlements of leave and procedures for filing a complaint with the Department of Labor, Wage and Hour Division must be posted in a conspicuous place where applicants and employees tend to congregate.

Can the employer request medical certification?

FMLA and CFRA. An employer can request medical certification from the employee. The employer can ask for a second and even third opinion to verify the validity of the medical certification. However, under CFRA, a second or third medical opinion cannot be requested regarding the care of an employees family member. The employer must accept the certification

What is the employer’s obligation to designate or deny leave?

For both FMLA and CFRA it is the employer’s obligation to designate or deny leave, in writing and indicate if leave is paid or unpaid. Designating leave must be done prospectively and not retroactively unless the employer lacks sufficient information as to the reason for leave.

FMLA and CFRA allowed time off

For FMLA, up to 12 weeks in an established 12 month period is allowed. Intermittent leaves or a reduced work schedule may be taken when medically necessary. CFRA is the same as FMLA with the exception that leave(s) taken for the birth, adoption, or foster care placement shall be granted at a minimum of two week increments. On two occasions increments of less than two weeks may be used.

FMLA and CFRA leave will run concurrently, except in the case of a leave taken for disability due to pregnancy, childbirth or a related medical condition in the State of California which is covered separately under the California Pregnancy Disability Leave.

How to determine paid or unpaid leave.

FMLA and CFRA is unpaid, however, an employee may choose or the employer may require substitution of unpaid FMLA with vacation or other accrued time off and/or sick pay to the extent the circumstances meet the employer’s typical policy for the use of sick pay.

Does the group health coverage continue while the employee is on leave?

For both FMLA and CFRA, the employer must continue any group health plan for the duration of FMLA leave, at least 12 weeks in a 12 month period, under the same conditions as if the employee was actively working. Longer health plan coverage or other benefits are determined by the employer’s policy to the same extent and under the same conditions as would apply to any other leave. Employees are still responsible for their share of benefit premium payments.

What happens when the employee returns from leave?

For both FMLA and CFRA, the employee must be reinstated to the same or equivalent position at the end of leave. However, the employee has no greater right to reinstatement, benefits, or to other conditions of employment than if he or she was continuously employed during FMLA leave. The exception to this is for salaried key employees, defined as the highest paid 10% of all employees. If denial is necessary to prevent serious economic harm to the employer, then the employee needs to be properly notified.

The above is a brief summary of information pertaining to FMLA & CFRA and not a complete description of all rules and regulations. As rules and regulations are subject to change we cannot verify that all information is current or completely accurate. HCP National provides educational programs to assist our clients in risk management through compliance with various applicable federal laws, rules and regulations; however, this is neither an effort to practice law or a legal service. We encourage everyone to consult with their own attorney, certified public accountant and tax professional on any issues involving specific facts, persons, circumstances or situations.

About HCP National Insurance Services

HCP National is a one-stop shop for all your insurance needs. We provide all lines of insurance coverage including employment risk management, ASO and Stop Loss Insurance, Fully Insured Managed Care Programs, Medical Malpractice E & O and D & O, Reinsurance, Product Liability, BOP’s, Workers Compensation, All Forms of Property and Casualty Insurance.

At HCP National Insurance Services Inc., we provide a comprehensive and economical portfolio of insurance and reinsurance products and services to meet your company’s needs. Come visit our website at HCP National Insurance.

Author: William D. Dyer
Article Source: EzineArticles.com
Benefits of electric pressure cooker