FMLA/State Leave Used Up

Janet

An employee in the state of Tennessee is expecting a child in September. Her doctor put her off work back in February, she returned the end of May, and went out again mid-July. She has used up all her FMLA time, as well as an extra 4 weeks allowed her by TN regulations. Needless to say, she's still off work and hasn't delivered the baby yet. Are we safe to terminate employment?
Thanks for any help!

Don D

Let's explore ways to keep her. But, if the company has reasons or policies that suggest termination, sure, looks like she has an anvil but no life preserver.

Janet

Thanks, Don D, for your reply! It was becoming painfully obvious that no one (not even me) wants to touch this one!

Margaret Morford

I'll try to help. What has your practice been when someone exhausts FMLA, Maternity Leave or any other leave? Have you ever given another employee more than 16 weeks leave? If you have terminated them in the past, you can probably terminate here. I'd get some advice from an employment attorny in Tennessee. I recommend John Phillips at Miller & Martin. He's not afraid to recommend termination in tough situations. His number is 423-756-6600.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Janet

Thanks, Margaret. We've never before faced a situation in which an EE has used up FMLA, and short term disability refuses to accept. (Normally, if STD pays, we consider it a paid LOA.) We've since decided to let the situation "ride" as an unpaid LOA (at the risk of setting a precedent), rather than take a chance of potential legal action.