No LOA-?????

bgrimes

Situation: I have an employee who has been employed less than nine months. He needs to have back surgery in a few weeks. (Non-work related). Our 'Leave of Absence Policy" requires that an employee be actively employed for twelve months before they are eligible for personal leave. So....he is neither eligible for personal Leave or FMLA leave. We want to hold his job open for him, but I don't want to set a precedent for other employees to think they can take off for frivolous reasons and expect it to be okay. What do you suggest?
(We have no short-term disability either).

bsa

Follow your policy. If it says terminate, so be it and don't make any promises. It's tough, but it is why we have policies. When I've had to follow my policy, I tell the person that he is welcome to reapply when he is able to return to work. My policy does not force me to fill an opening immediately, so sometimes the position is still available, sometimes it's not.

Back surgery is not frivolous. Are you prepared to make accomodations when he is ready to return -- part-time? job modifications? more time away from work for therapy and doctor appt's?

Hatchetman

You may have a basis to terminate. But before you do, since the issue involves a medical condition, make sure all your "'T's' are dotted, and all your 'I's' crossed."

Take a look at your state's leave laws that may be similar to FMLA to make sure that they don't cover this employee. But most importantly review ADA and similar state law. The employee may not qualify as disabled under ADA, but since he is seeking leave on a claim of a disability, you will probably need to clear that hurdle before you say "no leave." Leave under ADA can be a reasonable accommodation if the purpose is to allow the employee to return to work so that he can perform the essential duties of the job with or without further reasonable accommodation. Of course, the employee still has to qualify under ADA toclaim a reasonable accommodaiton of a leave. Unlike FMLA, there is no "minimum employment time" requirement for ADA to be appicable to the employee.