When to terminate

GLC

We are considering putting a policy in place that would allow us terminate an employee if they did not return to work after some type of medical leave. Over the last year, we have had two situations to come up. One employee had worked for us for six months, had a heart attack and was off work for six months. She was not eligible for FMLA so we held her job for as long as we could. We finally terminated her after 6 months. We did not have anything in writing that states we will terminate employement if an ee cannot return in so many months. Then, we had an employee who took 14 weeks of FMLA, could not return for an additional month. She was not classify as disabled, she just could not work. No accomodation would have helped her. I want to be consistent in my decision to terminate. My boss wants to look at performance as a basis for who we keep and how long you give them to return to work. Do other companies have policies in place that state that an ee will be terminated if they do not return to work in a certain # of months. If so, is it a separate policy or incorporated into another one. What is the policy called?

scottorr

I would be careful about offering extended leave to one ee and not another. You set yourself up for past practice issues. You could add to your policy a statement that said additional leave beyond approved FMLA would be up to the discretion of HR. That may give you some room for play.

POPEYE

>I would be careful about offering extended leave to one ee and not
>another. You set yourself up for past practice issues. You could add
>to your policy a statement that said additional leave beyond approved
>FMLA would be up to the discretion of HR. That may give you some room
>for play.

scottorr - What criteria would you as HR use as discretionary to make such a decision? You should treat EVERYONE equally according to your policy or in the absence of one, past actions.

GLC

We want to change our past practices because we have allowed ee to stay for as long as 6 months. It puts in a financial bind because of it. Our Board wants us to shorten way down. What if we said it will be at our discretion based on: Performance History and History of Disciplinary actions and Attendance. I'm concerned about treating employees consistently also so what about using a set criteria. I'm wondering what others.

Whatever

The facts of any situation have nothing to do with the perceived reality. If, when a person is out, you determine the length of their leave based on previous performance, history of discipline etc., it could be perceived as be retribution.

scottorr

[font size="1" color="#FF0000"]LAST EDITED ON 06-25-03 AT 07:43AM (CST)[/font][p]It would depend on how critical the position was. As a matter of fact, FMLA can be waved if it is determined that the position is critical. Personally I treat everyone the same, however, I have worked for Directors who have used that very statement in their policies. Auditors had no problem with it. I again stress that I would not do this because I think all should be treated fairly. But that is a personal choice.

System

When the person applies for FMLA or goes out on FMLA, we issue an FMLA letter outlining the leave entitlements; such as how long they are entitled for the leave (in some States its 16 weeks for maternity rather than 12); how to pay her/his premiums, etc. We include a paragraph that provides the date of his/her return with an explanation that if he/she does not return by the end of the FMLA leave, the position will no longer be held for him/her and we consider them as resigning.

blw

Our leave of absence policy states that employees will be allowed up to a six month leave of absence. However they will be returned to work in whatever position is available that they are qualified for. If no position available that they qualify for, they will be terminated. Policy includes a caveat "unless the employee is covered by FMLA at the time." So someone covered by FMLA can take a 6 month LOA, but we could fill their position after the 12 protected weeks are up. This works well for us. Tks, Barbara