End of FMLA

mrsbowden

[font size="1" color="#FF0000"]LAST EDITED ON 08-14-03 AT 02:30PM (CST)[/font][p]Not sure what to do:

If you have an EE who has been on FMLA and has used all 12 weeks and has not returned to work at the end of 12 weeks, what do you do about them. Do you terminate them. Do you grant additional non-FMLA leave?

NaeNae55

What are your regular leave policies (non-fmla leave)? If you normally grant leave for more than 12 weeks, then you can do so here. The law requires a minimum leave time, not a maximum.

If you do not normally grant more than 12 weeks leave for any illness, then it might be a good idea not to do so here. (Our organization will grant up to 6 months for medical leave, but from what I have read that is fairly generous.) If you do grant additional leave, you will set a precedent and will have to allow extra leave to everyone who needs leave in the future.

If you do not normally grant more than 12 weeks for non-fmla leave, and don't want to set a precedent, then tell your employee their job protection ends at the end of 12 weeks. If they do not come back, terminate and invite them to reapply for any openings that come up when they are again available for work.

Good luck!

LindaS

While I agree with NaeNae regarding your ability to terminate, depending on your policy, you may have an ADA issue here and if so, you need to determine if allowing additional leave would be a "reasonable accomodation". My suggestion, if you haven't done so already, is to begin the interactive process with the EE to determine how much additional time off he/she needs. If the physician determines that it is unknown at this point, termination of the employee would probably be okay. If the physician determines some type of definite return to work date, you would then look at whether this is reasonable.

Keep in mind however that as of the end of the 12 weeks, their protection under FMLA ends and you have the ability to remove them from the insurance and, upon return, do not have any obligation to return them to their former position, if it has been filled.