Expired FMLA

Rockie

We have a nurse who has been out for nine weeks for FMLA (pregnancy). In the same 12 mnoth period, she was out for three weeks for a surgery, so she only had the 9 weeks available for FMLA leave. Today is the last day of her FMLA leave. We have tried to contact her repeatedly as to her plans to return to work. Her supervisor had talked with her previously concerning her date of return. She would only make vague comments about when she could get a doctor's appointment. She also had ignored requests from our payroll department to pay her portion of her healthcare premiums.

This morning I left her a messsage regarding her return to work and if she planned on coming in tomorrow. I have not heard anything from her and do not expect to hear from her.

We desperately need to proceed with getting this position filled. My feeling is that if she valued her position, that she would at least keep us informed as to what is going on with her situation. We would be more than willing to work with someone for a few extra days, but to not hear anything??????after repeated requests? How long do we have to wait before proceeding?

What is the best way to cover our bases here? I would propose to send her a certified letter telling her that her FMLA has expired and that we are proceeding with filling her position. I would also tell her that we left repeated messages for her to contact us and she did not. She was properly notified of her FMLA rights when she went out on maternity leave and we also advisd her that she only had 9 weeks available to her as she had already taken 3 weeks for surgery.

Any advice would be GREATLY appreciated.

Thanks.

System

What does your policy say? Most LOA-FMLA policies state that if the employee does not return at the end of the LOA period then that would constitute voluntary quit. If your policy has this statement, and this policy was communicated to your employees, then it's clear that she has indeed voluntarily quit by not returning to work.

Good luck!

Down_the_Middle

Rockie:

I think your concern that you might be missing something is admirable, but I think you've done it all. Seems to me the next step is to send the certified letter (along with a 1st class letter) to her address indicating that her FMLA has expired........... Whether the employee is rolled over to a non-FMLA status or is discharged will be based on your past practice. Perhaps it's becuz I follow the same practice that I'm so inclined to agree with you, but this is the path that I think is most reasonable, legally defensible and respectful of the employee.

Rockie

Thanks Down The Middle! Having sat in courtrooms and having had to process mounds of paperwork for EEOC and Human Affairs Commissions, I have learned it's best to err on the side of caution. Thanks for your response and the others who responded!