Supv on FMLA, dept falling apart!

HRCHICK

We have a manger on intermittent FMLA diagnosis is MS, asthma and migraines. As a result of her frequent absences the nursing floor she supervises is falling apart and patient care is suffering. She is not in the top 10%. Is there any way we can legally transfer her out of the management position and replace her with a manager who will be present? It is creating unbelieveable problems in that she is out at least two days a week, sometimes/often more.

Gar

Under the FMLA, an employer can temporarily transfer an employee on intermittent FMLA leave to another assignment. Moreover, employees on intermittent FMLA leave can be required to schedule medical appointments around the needs of their jobs. Given the urgency indicated in your post, I'd temporarily transfer the employee ASAP.

Down_the_Middle

The short answer is YES. There's nothing to prevent you from running the operations and replacing her with someone who can hold the unit together. If she's able to RTW following FMLA, then you allow her to return (to an equiv position). You might try looking for a temp person who can shift to fulltime if your nurse manager is unable to return or fades away if the manager comes back. I like to use these opportunities to observe how a charge nurse or unit supervisor handles things. FMLA was never intended to force the employer to "struggle" while the employee is out. The employee has job protection, but your priority right now appears to me the day-to-day operations and providing patient care.

Rockie

If the employee is able to return to work following FMLA, the job guarantee is an equivalent job (does not have to be the exact same job). At any rate, you also may temporarily transfer this person to another position (no reduction in salary, benefits, etc) and put someone else in this position. As stated by someone else here, the employer may require the employee to make medical appointments, etc. at a time that is convenient for the department, not the employee's wishes. It may help for the manager to leave towards the end of the shift if possible as this may be a better time and assist in better management of the department.

Hope this helps!

gael

Thanks all for your input, it is really helpful. In looking at the regs, [CFR Section 203] I note that the wording is " Employees needing intermittent/reduced schedule leave for forseeable medical treatment must work with their employers to schedule the leave so as not to undly disrupt the employer's operations, subject to the approval of the employee's health care provider. In such cases, the employer may transfer the employee temporarily to an alternative job w/ equivalent pay/benefits that accommodates recurring periods of leave better than the employee's regular job. My point is that her absences are NOT forseeable and she is not always receiving medical treatment.
Do you still think we're ok in a transfer to an alternative job? I don't mean to split hairs, but also know that she's not going to take this well and has threatened legal action before!

Theresa Gegen TX

If this employee has threatened to sue, I suggest you hire legal counsel to help you answer these questions. You can get lots of good information from this forum, but for the very specific fact situation that you have indicated, paying an attorney to spend about 4 hours researching to see if any courts have addressed similar facts and some time meeting with you to discuss options and possible solutions will really be worth the cost.

Good Luck!!