EE Returned to work one week after Drs. release to return

tpace

We are a small company w/ 24 employees, our medical leave states that employees are allowed 90 days medical leave w/ doctors certification. Employees must have a doctors release to return to work. We have an employee who went on leave due to birth of a child. Her leave began on May 28, 2002 at which time she was approved for six weeks maternity leave. At the end of the six weeks she provided a note from her peditrician stating that he recommends that she not take the child out in public due to immature immune system. At this time we granted additional leave until the doctor released the child from his recommendation.

Well she returned to work today with her doctors notes releasing her and her child from care. Her ob/gyn release was dated July 9th and her childs release date was last Monday, August 19th. My question now is that she returned to work on August 26th extending her leave one week w/out medical necessity documentation. We are going to meet w/ the employee asking why she returned later than the release; however, what measures would you take or have you taken in with employees if you were in this situation or have been in the past?

Any feedback on this subject would be greatly appreciated.

Thank you.

Lois01

I would want to hear the employees reasons for waiting to return to work after physician approval to return was given before making a decision on the case.

tpace

Her reasoning is that even though her doctor released her son from care last week her childcare provider was not able to provide full time coverage until today.

Theresa Gegen TX

I think that the employee should get a written reprimand. It is her responsibilty to keep the company updated on her status. She did not do so, she decided instead to violate company policy and not return to work or keep the company updated on her status.

Quite frankly, her behavior might be grounds for termination. Whether you want to terminate her should be based on how this policy is applied in general. But if she is terminated now, I suspect that she will bring a claim of pregnancy discrimination, that might be more trouble than it is worth for the company. Also, she is in a very sympathic situation.

I would give the employee a strong written reprimand, and let her know that if this ever happens again (that she does not keep the company informed of her status or she does not return after her relase from work) she will be subject to termination.

Good Luck!!

tpace

Thank you very much for your input. I agree with you.