FMLA /Position replacement - Need response asap

GLC

We have an ee going out on FMLA next month. Her mgr. wants me to post for a much higher position than she has. She is an Acct Specialist. He wants me to post for an Accountant. This employee's FMLA will run out before the doctor estimated that she will return to work. Her doctor put on the form that she will not return until Mar or Apr 05. Her FMLA runs out in mid Feb 05. We will probably end up terminating this employee because her time will run out. What would you tell the ee in this regards? Should I just give her the policy, and tell her we will cross that bridge in Feb. She has had bad relations with her supv previously, and I can only suppose she thinks we will try to get rid of her. She will probably ask me if we will hold her job until she returns. Also, do you think it looks suspect if we seek someone for this temp assignment at a higher postion that she has? Also, do you think it would look suspect if we terminate her employment, even though we have someone doing her job temporarily?

Don D

It's not necessary to look at all these scenarios as one package. Let's split them up. First, she should be given a letter of approval indicating that she is going to be on approved leave. She should be told in writing and orally that her maximum period of FML leave will expire on X date and that the regulation and company policy requires that she be returned to her same job the day after expiration or earlier. But, it should be clearly pointed out to her that the company is not obligated and policy does not allow holding her position open for her beyond the expiration of her maximum allowed leave time.

Now the issue of advertising for an opening. The company can do as it pleases with that. Whether you consider the employee for which you are recruiting to be replacing her during her absence or filling an entirely different position is your call. I would be careful, however, not to tell anyone including the new worker that she is replacing the person out on FMLA. Treat them as separate issues and if you wind up terminating, do what you want to with the position.