Forum Replies Created
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Lisa Smith, SPHR
Keymaster# 3 years, 9 months agoHi Allison,
We don’t have something that specific. But, in the Forms and Docs Library we do have employment contracts and also contracts for independent contractors that you can edit to fit your needs.Here is a sample I found online.
https://d3ciwvs59ifrt8.cloudfront.net/1672d628-01ad-4014-b6e8-51d94136336d/4a360903-641d-47a9-90d9-4359eaecd47f.docxI hope this helps.
Lisa
in reply to: Music Teacher ContractKeymaster# 4 years, 4 months agoGo to the PnP Library and search Layoff https://helpdesksuites.com/policy-and-procedure-library/
PS not many people use this forum. The way to connect with the community is Facebook.
in reply to: Furlough LayoffKeymaster# 4 years, 5 months agoThere is no actual law on this. The key is to be sure there is no discriminatory action in play. In HI, you can terminate anyone for any reason. But, if you terminate someone for a discriminatory reason that can be very expensive if the employee seeks relief through the legal system. Sometimes there is no discrimination, but it looks like there could have been and that can be slippery too.
in reply to: Employee changes mind on quittingKeymaster# 6 years, 7 months agoYes, you are correct. WC and FMLA may run concurrently and they both do include job protection – at least to an extent. Here is a link to DOL’s FMLA Guidance. Page 48 says: “DID YOU KNOW? FMLA leave and workers’ compensation or short-term or long-term disability can run concurrently, provided the reason for the absence is due to an FMLA-qualifying serious health condition and the employer properly notified the employee that the leave would be counted as FMLA leave.” https://www.dol.gov/whd/fmla/employerguide.pdf
Also, check page 69 for more information about WC’s interaction with FMLA.
The attorney is correct in stating that FMLA is not required. The documentation you have for WC will suffice as proof of a serious health condition. If you normally do require FMLA certification, that’s fine, but it’s fine to waive that paperwork since you have the WC information.
Hope this helps!
in reply to: Worker's CompKeymaster# 6 years, 7 months agoHello Clarissa!
The FMLA says the employer is required to issue a notice to the worker stating they are covered for FMLA within 5 days of determining FMLA will apply to an absence. From that point, the employer may choose to require that the employee provides medical certification, but the employer is not required to require this documentation.
Here is a link to the DOL’s guidance on employer/employee requirements. Pages 47-48 address your specific concerns. https://www.dol.gov/whd/fmla/employerguide.pdf
Hope this helps!
in reply to: FMLAKeymaster# 6 years, 8 months agoGood Afternoon Amanda,
Generally, the answer is no. Reference this case: http://nyworkerscompensationdefense.com/are-injuries-that-occur-during-a-lunch-break-compensable/
You should ask a few questions:
1. Was the worker clocked out?
2. Was the worker off of the employer’s property?
3. Was the worker “fully relieved of duty” and truly on her own personal time with zero restrictions by the employer?If your answer is Yes to all three questions, the case is probably not WC. If you believe the circumstances of the break and the injury are too close to call, you should definitely seek the advice of the WC agency in your state or your attorney’s legal advice.
Here two more references:
https://www.nolo.com/legal-encyclopedia/workers-compensation-injury-or-illness-32964.html
https://www.injuryclaimcoach.com/questions/is-my-employer-liable-if-im-injured-while-at-lunch-but-still-on-the-clock.htmlI hope these help you make your decision.
Have a great week!
Katy B.
Support Team Specialist
BeAuditSecure.comin reply to: Worker's Comp