Snarly mess
marc
3,126 Posts
Near three year exempt EE, has previosly been on FML. She is now pregnant (first time) and having a rough go. Has asked for all sorts of accomodation with no doctors note, which we asked her to supply. After a week of coming in for the first hour, and spending most of that on the couch before going home, we renewed our demand for a doctors note releasing this EE to work.
She finally went to the doctor and got a note to be out for one week. Her sister dropped the note by the office. She subsequently calls in the next two weeks claiming a doctors note exists for the absences, which we have requested but not received. In the meantime we designated the leave as possible FML and asked for the medical certification, giving her 15 days to comply.
While she was out, the S##t hit the fan around her case load. Our normal chart audits found her to be way out of compliance and several teenage clients were left holding the bag in court appearances without our case manager being present to speak up for them. Lots of issues about her dropping the ball. Her case notes were very incomplete which has not allowed other case managers to effectively pick up the slack around her absence.
She has 4 or 5 pending write-ups about all of these incidences including one that was discussed with her right before she went on this now extended sick leave.
Exec. Dir. is hesitant to terminate because of the temporaral proximity of the potential FML event and that the write-ups have not been discussed with her - thus what would have been a clear final warning has not been delivered because she is out on sick leave.
The supervisor is pushing for termination, has had it with this EE. I don't blame her, but I the Exec. Dir. has a valid perspective.
What do you think?
She finally went to the doctor and got a note to be out for one week. Her sister dropped the note by the office. She subsequently calls in the next two weeks claiming a doctors note exists for the absences, which we have requested but not received. In the meantime we designated the leave as possible FML and asked for the medical certification, giving her 15 days to comply.
While she was out, the S##t hit the fan around her case load. Our normal chart audits found her to be way out of compliance and several teenage clients were left holding the bag in court appearances without our case manager being present to speak up for them. Lots of issues about her dropping the ball. Her case notes were very incomplete which has not allowed other case managers to effectively pick up the slack around her absence.
She has 4 or 5 pending write-ups about all of these incidences including one that was discussed with her right before she went on this now extended sick leave.
Exec. Dir. is hesitant to terminate because of the temporaral proximity of the potential FML event and that the write-ups have not been discussed with her - thus what would have been a clear final warning has not been delivered because she is out on sick leave.
The supervisor is pushing for termination, has had it with this EE. I don't blame her, but I the Exec. Dir. has a valid perspective.
What do you think?
Comments
I was also confused by the term termporaral proximity when I first heard it used by counsel. When questioned, he indicated it meant how close the performance issues were to the possible FML event with respect to time.
As to her performance, she has had occasional flashes of good performance, but has been on three different development plans. She cleans up her act and passes muster while on the plans, but after she gets off the plan, she slowly slips into mediocre performance. She was on a plan just a couple of months prior to this last write up.
In defense of her supervisor, she went the extra mile to keep this EE in the early going, however, she believes this EE is now "working the system" and is taking advantage of the company.
My own approach is to do as you suggested, which is to err on the side of caution, thinking that, with her history, it won't be long before she steps in it again. Our Exec Dir knows how much I value the perspectives gained from the forum and asked me to post this problem for some feedback.
As our counsel said, the FMLA is not meant to protect bad employees, but you could be forced to defend your actions because of the temporal proximity of a termination to an FML event. Even though we have a good chance of prevailing, the cost of the defense would still be significant.
So not only are individuals in our client base being harmed, and at a time that is critical to their future, but our reputation in this small community is being harmed, which could have a further negative impact on other kids that need help.
We are still not going to pull the trigger until a final warning is delivered in writing, but this is getting increasingly ridiculous!
And I need to keep breathing, in and out, walk around the building a few times and hope that my feeble brain can focus sufficiently to keep us out of the HR hot water.
Learning through experience is one of the better ways for the lessons to really stick.
You are right about the CM notes battle, it is constant. I am glad I do not have to do it, although the slap therapy sounds interesting. Perhaps it should be incorporated into our progressive discipline policy? x;-)