Answers Posted By Justin Morocco

Answer to Does Shingles classify as a serious medical condition for FMLA?

The answer is it may create a serious medical condition, but it depends. Under the FMLA, serious medical conditions are not defined by diagnosis of the condition but by the actions of the employee.

From the Department of Labor website, "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves:

(1)any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or
(2)a period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or
(3) any period of incapacity due to pregnancy, or for prenatal care; or
(4) any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or
(5) a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.); or,
(6) any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).

The preceding is for informational purposes only. Consulting with an employment attorney is the only way to obtain legal advice on your situation, as it will permit the attorney to obtain full information on your situation.

posted Jan 25, 2012 07:59 AM [EST]

Answer to Ask a current ee to fill in temp basis do we have to pay them the same wage?

You always should consult with an attorney to review your individual situation fully, but FMLA does not require payment of any certain wage for an interim employee substituting for an employee electing FMLA leave. Employers should always review application of Ohio minimum wage and the Fair Labor Standards Act when considering an employee's compensation.

The above information is shared for educational and discussion purposes only. No attorney-client relationship is intended or established through your reliance on the information provided. If your legal rights could be impacted by using this information, you are urged to seek legal counsel before taking action.

posted Nov 16, 2011 06:50 AM [EST]