6 months and out

njjel

An ee was out for 8 weeks, returned to work for 2 weeks and now has been out a total of 27 weeks. Our policy is that once an ee is out on sick leave for 6 months and are unable to return to work, they are terminated. My question is this - Since the ee returned to work for 2 weeks and went out again (same condition) would you have started their six months over again? Or extended the 6 months by the 2 weeks they were back to work? They have used their 12 weeks of FMLA and have no other leave available to them.

HRinFL

What does your policy say? Does it imply that absences for the same condition are viewed cumulatively, or does it say that the time has to run concurrently?

If the policy does not address this, I think you are okay. She has used her FMLA time, so unless there is a state specific law that grants her additional protection, I do not see a problem with terminating her. I would make a change to the policy either way and make sure it is communicated to your ees.

njjel

The policy only states that additional time may be extended at the discretion of the executive director.

pork1

NJJEL: It is our policy to terminate, as written, in the FMLA approval letter. This letter has a specific date on which the ee and the physician know is a "SUNSETTING" DATE for continued protected employment. A failure of the employee and the doctor to get the patient/employee back to work for any reason sets up a termination event. Our policy (medical) also provides upon application, an additional 16 weeks, afterwhich, the employee who does not return is terminated. The approval of the additional 16 weeks is granted only if the physician will point blank indicate he will have the ee back within the next 16 weeks. Any prognosis beyond the 16 weeks is a disapproval event and the date set for the ending of FMLA is final.

PORK

njjel

Pork so even tho an ee came back to work for 2 weeks you would still terminate right?

pork1

NJJEL: Yes, once one is out of FMLA time and PTO time, we would abide by the words in our letters of approval. If June 23, is the final day of FMLA DAYS and the ee is not back to work or has not applied for an extension she would be terminated as a Medical Disqualified person, effective June 24, 2005. If the physician can not put together a medical rehab plan, which will get the sick ee back to work before the end of the extended 16 weeks, the employees application for the extension is disapproved and the termination would be effected on June 24,2005 as a medical disqualication. By being factual and consistent everyone knows what to expect and no one is surprised when it happens. There may in the future be some sort of extinuating circumstance that the company might choose on this issue, but my voice will be constant to follow our policy and gudance. The first thing out of my mouth are words of "consistent behavior" and quickly name off a handfull of cases to the decision team and that usually brings everyone back to the realness and comfort in staying the course.

Again, we the company should not stand in the way of someone's better benefits for a life time just because we want to help the ee under the current conditions! Putting issues on top of the table for open discussions is the only way to come to the best solution for all, including the ill ee.

PORK

ray a

Per our company policy the 6 month period would start over again after the 2 weeks the ee worked and left again.

Whatever

Our policy is 26 weeks within a 52 week period. Ee would be terminated.

HRLASS

Our policy is that the count starts over when the employee has returned to work (after the 2 weeks re your scenario). However, once all available leave has been used, unless we have been notified of a possible ADA condition, the absences are dealt with as performance issues with termination on the docket if the employee can't come back to work or is regularly absent on an intermittent basis.

lorrie

If your policy is not specific, and there is no precedence, then I think you can choose. Just make sure that you are willing to follow the same for the next similar event, as this will now be the precedence.