Should ee get leave of absence

Whatever

We have an ee who just came off a suspension (her daughter gave birth and the ee neither showed up for work or called in for two days). She is on the verge of being terminated because of her tardiness problems. She has gone to her supervisor to ask for a leave of absence for an indeterminate period of time because her daughter has post-partum depression. She claims she has to be with her daughter so that her son-in-law can work. She says she will send medical proof when her daughter starts treatment. I feel strongly that we should not give her the leave. Her supervisor feels sorry for her and wants to give it to her. We had our weekly manager's meeting this morning. The inclination is not to give her the leave (but most are wishy-washy in that inclination). Just want other people's opinions.

juju

This reminds me of the thread I just posted to ("FMLA and Grown Child"). I would give her the FMLA form and see what her daughter's doctor puts down. If the doctor states the employee is needed to care for the daughter, we would grant the leave. If FMLA is not an option, you can grant her a persoanl leave if you have such a policy. Just remember that you could be setting a precedent.

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 09-09-03 AT 02:56PM (CST)[/font][p]If the daughter is older than 18, make sure that the employee is NEEDED to care for the daughter because the daughter is "incapable of self-care because of a mental or physical disability". I don't know that post-partum depression results in that since it is only a short term condition, but at least she would need to have a disability on a permanent or long term basis that makes her incapable of self-care while she has post partum depression.

Under FMLA the following definitions apply:

"'Incapable of self-care' means that the individual requires active assistance or supervision to provide daily self-care in three or more of the 'activities of daily living' (ADLs) or 'instrumental activities of daily living' (IADLs). Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing and eating. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.

'Physical or mental disability' means a physical or mental impairment that substantially limits one or more of the major life activities of an individual (as defined by ADA)."

If she is NOT entitled to leave under FMLA or other legally mandated entitlement, then the company should NOT authorize the leave since she's a documented problem employee with attendance (tardiness) problems.

Pork

WHATEVER: Check out FMLA PROVISIONS, provide the policy and get a signature for the reciept, there of, then wait for the physician's statement of medical necessity for ee to be there with her daughter! Given the physician provides the documentation, then approve the leave, and wait for a better day to fight her absentism/attendance issue. Time off with no pay, might just help her to realize that she really did not have to work in the first place. Give her the 12 weeks including all sick and vacation time and set a "sunset" date for her to be back at her appointed duties, any failure to report on date specified will cause you to cancel your employer/employee relationship. Put a clause in the letter to her granting the leave, that she must call in weekly to keep your company informed of her intent to return and the progress and health of her son, so that you may schedule temporary help to take her place in her absence.

PORK

LindaS

I agree with Pork - get the medical certification from the daughter's treating physician and once certified, approve the leave. Have the employee check in with you weekly to update you on the daughter's condition and remember you have the option to receive updated certifications every 30 days. I wouldn't terminate the employee over this but nor would I excuse the tow day no call/no show. Remind the employee that failure to call in as instructed could result in her termination of employment since FMLA does not exclude the EE from notifying the employer in accordance with their policy.

Whatever

Thanx for the advice. The issue was leave of absence since she is not entitled to FMLA and the fact that her daughter hasn't started treatment but will whenever. The bigger part of the problem was this employee has been a thorn in everyone's side and that was influencing the decision.

Pork

WHATEVER: No FMLA, deny the personal leave of absence, and tell her in writing that given her personal situation and past history of attendance, should she fail to show up for her shift that the company will consider this absent event as her "abandonment of her position on the workforce" which constitutes a voluntary quit. Should she choose to resign, the company will grant her immediate seperation and pay out any wages, bacation, and sick time due her at the time.

PORK

LindaS

Whatever -

Your most recent post sheds some different light onto the subject of the leave of absence. Since she doesn't qualify for FMLA, she doesn't have the guaranteed job protection that law provides plus you have indicated that she has been a less than stellar employee. I would tend to agree with Pork's latest post and agree that you have every right to turn down the request.

Some employees seem to be of the mindset that they can basically do whatever they want and that you, as the employer, has to "jump through hoops" whenver they decide they want some additional benefit (do I sound a little bitter today?!). Employees need to be made aware that their attendance, performance, etc. has an impact in determining what extra "bennies" an employee receives from the employer.