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medical leaves of absence or a sensitive.situation for any workplace it's.typically a stressful time for employees.but a prolonged and indeterminate.absence of a staff member can also be.costly for employers this episode of the.employment law minute explores the.rights and obligations for both.employers and employees during a medical.leave of absence.[Music].welcome to the employment law minute.where we talk about common workplace.issues and explore practical solutions.for both employers and employees I'm.your host John Scoles and I'm joined by.Ottawa employment lawyer Alex lucha.Ferro partnered Sanford tamarkan LLP.Alex this is obviously a very sensitive.issue but I'm gonna get right into it as.far as medical leave of absence are.concerned how long can someone be away.from what are the difficulty for both.employees and employers in this kind of.situation John is that there is no.obvious clear answer so I can't tell you.that it's one year two years three or.four years that an employee's allowed to.be on medical leave it really depends on.what the employee's prognosis is meaning.if there's a possibility that the.employee is going to return to work in.the foreseeable future then the employer.has to keep that employee's job for them.and the employee is still an employee of.the company is still technically.employed that could be as as much as.four five six seven years as long as.there's a chance that them employees.gonna return to work John.then that person is unemployed on a.medical leave of absence and they're.allowed to be I think you know if it's 2.or 3 weeks it's pretty obvious so job.stays open but what happens if it's.longer they have to fill the job I mean.an employer needs to run a business.right yeah so what one thing's for.certain an employer can't terminate an.employee just because they're on a.medical leave right but that puts an.employer in a difficult situation they.have to make do somehow that likely will.require finding some sort of replacement.perhaps you're hiring hiring someone on.a on a contract position or on a.temporary basis you need to fill that.role obviously especially if that person.was doing was a kind of key components.of the workplace but again that has to.be a temporary solution you cannot.simply let an employee go because.they're on medical leave you have to.find an alternate solution that could be.considered an accommodation in the.workplace for the employee that's on.medical leave what are the employers are.they allowed to make any requests.of the employee well they're off great.question I mean the general answer is no.in the sense that really all an employer.is allowed to know is what the prognosis.is as I mentioned before the employer.should know and needs to know what the.likelihood of that employees return to.work is and roughly men when maybe that.would be right so if as an employee your.doctor's opinion is that you might be.able to return to work in in six months.time an employer should know that right.and that's something that an employee.should pass along in the four in the.form of medical documentation an.employer is not allowed and I want to be.clear not allowed to know what the.diagnosis is.so prognosis yes diagnosis you got it.exactly so as an employee you don't have.to tell your employer what exactly it is.that you're dealing with it could be a.physical impairment or issue could be a.mental or emotional commit your dealing.with the employer has no real right to.know they just need to know what the.prognosis is now the other thing that.comes up quite often are things like.medical examinations or whether we call.independent medical examination tziyon.imes.generally speaking John an employer is.not allowed to ask for an independent.medical examination now there are some.exceptions especially in the unionized.environment those are more commonplace.but in the private sector generally.speaking your own doctor as an employee.your own doctor's word is going to be.good enough.get going outside for a third opinion or.a second opinion or an independent.medical examination is oftentimes not.going to be required on the part of.vehicle what happens if the employer.must terminate the employee what goes.down well you want to make sure as an.employer not doing that prematurely.because that's gonna be really dangerous.business so you've got to be sure in.that case if you have to let an employee.go who's on a medical leave you have to.be cautious as a couple of a couple of.things number one you have to make sure.that the reason is not because they're.on the medical limit of absence meaning.you know if you're having to downsize a.department if that person's position is.being abolished along with a host of.others you will be allowed to terminate.an employee if for example you're.terminating that employee because.they've been on medical leave for too.long then you've got to be really really.careful because you want to know where.that line is as to how long they have to.wait and how long they don't have to.wait if there is no.chance that the employee is ever.returning to work if it's clear from.their doctor that you know this person.is basically going to be on a medical.leave indefinitely and forever then you.will be allowed to let that frustration.of contra frustrate appreciation of.contract you know your stuff John but.well done he's a lawyer there you go.but in any other situation if it's if.you haven't reached that point you don't.want to terminate that employee.otherwise you're gonna have to pay a.significant amount of severance and not.only that but that's also likely a human.rights violation it's discrimination on.the basis of a disability.good stuff Alex thanks pal we're gonna.leave it for there for now are you.experiencing issues in the workplace.contact us now help at employment law.and minute dot see the phone number to.reach out to Alex rest of the team one.eighty five five eight two one fifty.nine hundred go to employment law minute.CA you'll find past episodes of the show.resources for employers and employees as.well as contact information to help you.find practical solutions to workplace.problems employment law and it done CA.thanks for watching until next time.[Music].

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The Fmla Factsheet Aaupaft Org FAQs

Note answers to questions about The Fmla Factsheet Aaupaft Org . View the most useful topics and more.

Need help? Contact support

Do military members have to pay any fee for leave or fiancee forms?

First off there are no fees for leaves or requests for leave in any branch of the United States military. Second there is no such thing as a fiancée form in the U.S. military. There is however a form for applying for a fiancée visa (K-1 Visa)that is available from the Immigration and Customs Service (Fiancé(e) Visas ) which would be processed by the U.S. State Department at a U.S. Consulate or Embassy overseas. However these fiancée visas are for foreigners wishing to enter the United States for the purpose of marriage and are valid for 90 days. They have nothing to do with the military and are Continue Reading

How do I fill out the form of DU CIC? I couldn't find the link to fill out the form.

Just register on the admission portal and during registration you will get an option for the entrance based course. Just register there. There is no separate form for DU CIC.

How much will be the fee to fill out the XAT form?

The XAT Registration fee is Rs. 1700(late fee Rs. 2000). This is had increased from last year. If you want to apply for XLRI programmes then pay additional Rs.300 (late fee Rs. 500) The last date for registration is 30th Nov 2018. The exam is on 6th Jan 2019. All the best

How do I get FMLA forms?

FMLA is considered unpaid leave of absence. Normally larger organizations will have a leave administrator. In the event you also have a disability benefit the FMLA information will not allow payment for disability. FMLA is simply a job protection and in general terms you must be employed full time for a complete year to be eligible for the protective benefit. The leave administrator for your company is who would normally receive the form, look closely at the form before you send it in. MAKE SURE all the questions are answered FULLY. Answers like “unknown” or “based on progress” are not answers to questions. EG: What is the anticipated return to work date. If I had one dollar every time I see the answer “unknown” or “2 to 3 months” I would be a millionaire twice over. There are a couple key words doctors or whomever at the office assumes but doesn’t read. #1 “Anticipated” means it’s not set in stone, but is based on the current information the physician has for you. #2 it asks for a date (not a range) again not set in stone. Finally, often times forms of this nature ask something like: What condition prevents you from returning to work, what job function is the employee unable to complete due to this. Again this is specific! READ it doesn’t ask for a diagnosis! it asks for a condition and how that condition relates to the tasks that are part of the job description that you aren’t able to do because of the condition. Saying your job title won’t cut it here. LOA (leave of absence) often has very specific timelines and if they are not met even for a day then the employer can deny the benefit. If you don’t know the Leave Administrator, or don’t know if you have a disability benefit. (STD or LTD) short term disability or long term disability. Immediately contact your HR department and if they give you the run around then send a copy of the document to them (with a delivery confirmation from the USPS, doesn’t need a signature, just a confirmation that your letter with the form was sent to them on the date. If the form is incomplete, you will have just a few days to get the correct information to the administrator of the leave so again I highly suggest you carefully look at what the doctor said before you send it in. If you are at the deadline, send in what you have and go to the doctor in the interim for a corrected form if you believe it is not specific as I have described above. Finally, don’t use the condition “stress” because for most jobs stress is part of the job. Because of that it them becomes a way of being able to define when you were injured and how the stress “that you would normally have as part of the job already” is making you unable to do the job. Sounds like talking in a circle? Like I said avoid any diagnosis of stress or behavioral health condition as they are difficult to prove and qualify for. Normally there is a medical condition like “heart attack” or “stroke” which was the real condition but because they had “stress” listed instead their claim was denied and FMLA disallowed and they had to go back to work. Funny thing is a tried to help and explain what they needed to focus on and assumed the MD was looking at the info properly and the individual wasn’t looking at what the doctor said so when things were denied and I explained why it was not eligible. (not what answers were causing the issues) They just kept trying to use the same information. They returned to work and went out again a month later and were let go by their company. So this is really important to read the form what it specifically asking for and make sure the MD answers the question and doesn’t “gloss over” the response with a “one size fits all” response.

What is considered a serious health condition for FMLA?

What is Considered A Serious Health Condition Under the FMLA? - Discrimination and Employment Lawyers Eligible workers who work for employers that are subject to the Family and Medical Leave Act , or FMLA, are protected when they take off approved FMLA leave from work in order to recover from a serious health condition or to care for a family member who is suffering from one. The Family Leave Act does not provide protection for taking leave for minor ailments such as colds, but it does for more serious conditions. Serious health conditions Under the Family Leave Act, serious health conditions are divided into six categories: Conditions that require inpatient care Conditions that cause incapacity for more than three days and for which a health care provider is completing continuing treatment Pregnancy or prenatal care issues causing incapacity Chronic and serious health conditions Some conditions that require multiple treatments Conditions that cause long-term or permanent incapacity Inpatient care Inpatient care under the FMLA is defined as a condition that requires an overnight stay in a hospital, residential care facility or hospice. Employees are entitled to take FMLA leave for both the time they spend in the inpatient setting as well as any resulting incapacity or additional treatment that is related to the stay. Conditions that cause incapacity for more than three days with continuing treatment When people are incapacitated for more than three days and are receiving continuing treatment for their health conditions, the illnesses are considered to be serious health conditions. The three days must be consecutive and may include weekend days. Continuing treatment includes receiving at least two treatments by a health care provider or by a nurse or other provider under the direction of the health care provider. The treatments must happen within 30 days of when the person was first incapacitated. The first treatment must happen within seven days of the initial incapacitation. Pregnancy or prenatal care Pregnant employees who are unable to work or to complete normal daily activities because of their pregnancies are covered under the FMLA. Prenatal care visits also qualify. Pregnant workers do not need to be incapacitated, and the leave can be used for routine appointments. Chronic and serious health conditions Chronic conditions that are ongoing and that require occasional leave are covered by the law if the worker requires regular treatment visits, which are a minimum of two visits each year for the condition with a health care provider or nurse. The condition must be one that will continue for a lengthy duration and it must cause episodic periods of incapacitation instead of ongoing incapacity. Some examples may include asthma, epilepsy and diabetes. Long-term or permanent incapacity Workers who suffer from conditions that are not easily treatable and that permanently incapacitate them or do so on a long-term basis have serious health conditions if they are being supervised by health care providers. Examples of these types of qualifying conditions include advanced amyotrophic lateral sclerosis, Alzheimer’s disease or terminal cancer. Conditions requiring multiple treatments A worker’s health condition is a serious one when he or she has to miss work to receive multiple treatments for conditions that would otherwise cause an absence of more than three days without treatment or for surgery following an injury or accident. Examples may include chemotherapy or dialysis. Conditions that do not qualify for leave While the FMLA does not list conditions that are never considered to be serious, there are several types of minor illnesses that will likely not qualify, including: Earaches Colds Minor bouts of the flu Headaches that are not migraines Routine dental or orthodontic issues Periodontal disease Cosmetic surgeries unless they are related to restoration after an accident In some cases, even minor conditions may be covered. Each request is looked at individually in order to determine whether or not it qualifies for leave.

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