HELP!!! Terminate or Not????

5560905

I have a dilemma. I have an employee who was hired 9/30/03. On 12/28/03, just shy of the end of her 90 day probationary period, the employee called off stating she was in an auto accident. On 12/30/03, she brought in a note from a chiropractor's office stating she should be "exused until further notice." She called once since that time to see if she qualified for a performance bonus and was told to keep in touch with us weekly as to her status. She was told we needed something more specific than the "excused until further notice" and that we needded her doctor to advise what aspects of her job she was unable to perform. We now cannot reach her. Her number is now unlisted and the emergency numbers she gave us do not answer.

I believe we're okay because she hasn't worked for us long enough to be covered FMLA, but I'm not sure what standing she has otherwise. She signed up for our health insurance effective Jan 1 and we have paid her Jan/Feb premiums believing she would be coming back.

I now think she is trying to get a settlement from the accident and has no intention of coming back.

We are an at will state. Can I simply release her and offer her COBRA? Are there any other factors I need to consider?

Don D

She is not eligible for FMLA and Louisiana does not have a state imposed FMLA program. Apply your regular attendance policy and if it results in termination, then it does. Treat this as you would treat any person who is not at work, regardless of the fact that she was in an accident. It is my guess that her attorney has advised her to not return to work and recommended the same to the backcracker, knowing that the at-fault party's insurance will pay her missed wages for those days as well. I would personally be leaning toward termination as soon as the policy brings you to that point.

deniseE

Do you have a short-term disability policy?? If so is she meeting the guidelines?

It sounds like she's just gone. At minimum you could terminate for attendance, since she doesn't qualify for FMLA.

If you're wanting to give her an opportunity...send her a letter, requesting a response w/in say 7 days regarding her medical situation...can she return/when....if you don't hear from her, then send another letter advising her that she's been terminated.

If you're not inclined to keep chasing her, just send her the termination letter.

Pork

Send this notice through the mail with receipt return required. The cost will be well worth it. Terminate on the date set in your letter as the sunset date. Attendance is the only way to attack this "pigey". I would not mention anything about medical condition.

PORK

SDDCHR

How can you terminate for attendance when she has a note excusing her. Do as Denise suggested and send her a "certified" letter giving her a week to respond to your request for further information. Let her know that if you do not hear from her by this time, her position will be terminated. Or, on the other hand go ahead and do a probationary termination on her based upon your policy.

Nat

Even if the person has a doctor's note excusing them for work, we would give them a reasonable amount of time and then terminate their employment if not eligible for FMLA. Of course, with the statement that when they are able to work again, they may reapply. Doesn't mean you have to rehire them though. You might want to check with your health insurance about enrolling her when she is not actively working. Many policies have the requirement that the person be actively working to be enrolled (medical, dental, life, STD/LTD, etc.) Jusy my $.02.