Employee released to light duty

Nat

I have an employee who is on FMLA but has been released to come back to work doing medium duty work (i.e. no lifting over 50 lbs). We can work with this restriction. Problem is that we can't get in touch with the employee to discuss returning to work. We have been trying since 03-21-03, the date of the doctor's release, by telephone and by mail but have gotten no response from employee. Employee already owes back premiums for insurance and I am sending a notice today giving a final date by which to pay or get canceled. Can I, in the same letter, state that since we have tried to get in touch with no response that we will consider her resigned if we don't hear by certain date? I know she is eligible for the 12 weeks if she has a serious health condition, but if the Dr. releases her isn't he saying that the serious health condition is over? I also know that the employee is suppose to get in touch with employer every 30 days but you can't hold them to that, really. Any advise would be helpful.

LindaS

How did you get the dr's release? Did the employee bring it in, was it mailed? In any event, you have a release from a physician indicating the employee can return to work and that is what they should do. The 12 weeks allotted is to be used if they are necessary for the employee to recover, etc. not for an extended vacation. If it were me I would send a certified letter stating that you have work for the employee and provide a date for the employee to return. If the employee fails to do so, without providing a reasonable explanation why not, I would terminate the employee. This should also be stated in the letter.

Nat

Thanks for your response. That's what I had in mind, but you know with FMLA, I want to be very careful. The Dr. faxed us a release form - we didn't ask for it. But as I stated, we haven't had any response from the employee since we received the release.

AnneLa

I would send another notice - but this time send it 2 ways, certified and by first class mail. If the notice sent by regular mail doen't come back to you, you can assume the employee recieved it. In the letter, I would state that if the employee doesn't contact you within 7 days, employment will be terminated and benefits cancelled. This almost always gets them to contact us.. As far as the back premium owed, I would inculde a statement in the letter regarding that too. Hope this helps..........

LindaS

I just came back from a personnel law conference and this very subject was addressed. In my previous post I advised that it was okay for you to terminate if the ee does not return but the attorney at the conference advised us that if the restrictions do not allow the employee to return to their job, or a similar one, the employee can remain out on FMLA leave for either the entire 12 weeks or until the restrictions change to the point of allowing the employee to return to either their job, or a similar one.

Based on this information you need to determine if the restrictions allow the ee to return to their job, or a similar one, before you can look at terminating them for not returning to work.


News to me!!