Strep Throat

njjel

Our employee has called out sick since last Friday due to the fact that her son has strep throat. Would you issue FMLA paperwork? (We actually do NOT want this to be FMLA as we are hoping to be able to terminate her due to her extremely poor tardiness and attendance record.)

SMace

Caring for a child with a serious health condition qualifies for FMLA. Strep throat could be a serious health condition under the absence plus treatment guidelines. She's already been out 6 days.

SDDCHR

Run the course of FMLA. But that shouldn't effect your decision on what you do for termination. If she has violated your attendance policy and it has been documented, you have nothing to worry about as far as your intent to terminate.

njjel

OK. What did I miss? It is my understanding that if an ee is on FMLA they can not be terminated - their job is protected for 12 workweeks. How then could we terminate her if she is absent due to an FMLA qualifying reason?