FMLA AGAIN?

szemcumo

We have an ee who used 6 wks 3 days early in 03, the last week of 03 went back on for a diffenent serious condition and is using up the remaining weeks for this illness. She may not be able to return when this time is up and would have approx. 3 weeks before eligible for new FMLA. My question is if we would decide to put on LOA for the 3 wks. but then it looks like the 3 wks LOA and the new 12 wks FMLA still would not let her return, do we have to do this or could we term when her remaining is exhausted? Also would we need to check into ADA, I don't think she would be able to do her orginal job as it requires standing all day.
Thank you for any help.

juju

I don't see why you couldn't term her BEFORE taking the next round of 12 weeks, unless you don't want to or have another type of LOA policy in place. Also, I would double check to be sure she is eligible for FMLA a second time around, especially that she actually worked 1250 hours in the past 12 months.

szemcumo

Thanks juju, with everything else going on I didn't even thing about the 1250. Once again, good info from the forum!

Don D

And don't forget that to be ADA covered, one must be two things: A qualified individual with a disability. She may be disabled, but she is not qualified if she cannot return to work at all.