Intermittent Leave
Carolkh
4 Posts
I have an employee who is about to exhaust her 12 weeks of leave. Part of this leave included several continuous weeks in the hospital and then intermittent leave. We use a rolling 12 month period and she has no leave restored for the next 2 months. Once her leave is exhausted does she return to the standard attendance policy? She would then accumulate points under our no fault system and possibly be terminated. How are you handling employees who have exhausted their intermittent leave? We have terminated 2 employees who were unable to return to work after using 12 consecutive weeks of leave. They were unable to even perform light duty at that time and there didn't appear to be any ADA issues.
Comments
We have terminated 2 employees who were unable to
>return to work after using 12 consecutive weeks of leave. They were
>unable to even perform light duty at that time and there didn't appear
>to be any ADA issues.
Once FMLA entitlement is exhausted irregardless of how it is taken, the EE would then fall under your attendance policies. It sounds like you have utilized this before by terminating the 2. As long as you are consistent with your administration of your policy and there are no other considerations, this EE would be no different than the 2 that you have termed.
In the past two years, we've had three employees "point out" after exhausting FMLA, and the only one that has given us any problems is one that tried to claim that her "serious health condition" under FMLA (which only incapacitated her intermittently) rendered her a "qualified person with a disability" under the ADA - NOT, according to our state EOC!