HELP! how to rescind FMLA benefits
dmd
18 Posts
I have looked everywhere and can't find an answer to this problem. Our handbook was written a few years back by a woman who is no longer here. She created a Temporary Disability Leave policy that states that ..."employees unable to work due to illness, injury, disability, pregnancy or other qualified health condition" are entitled to take disability leave, and then it goes on to detail the specifics of the FMLA - including up to 12 weeks of unpaid leave,etc, etc. She also wrote a Parental Leave policy for newborn/adopted/foster children with the same 12 week leave time.
Here's the problem: we only have 30 employees, not 50, so we were never required to offer such a lengthy leave time. To complicate things, we are in MN which requires only 6 weeks of parental leave for a company our size, with no provisions (to my knowledge) for the other leave situations listed above (like illness, injury, disability, etc.), just for birth/adption.
Shockingly, our owners don't want to have to offer more that they are required to!! When I asked why it was written that way in the first place, I was told because it would be beneficial to the woman who created the handbook - who went on to have 3 children of her own and took the 12 weeks each time.
So, yes we have the standard disclaimer stating we can change our policies at any time with or without notice blah, blah, blah, but really, how would YOU go about trying to make such a big change to your handbook? Help!
Here's the problem: we only have 30 employees, not 50, so we were never required to offer such a lengthy leave time. To complicate things, we are in MN which requires only 6 weeks of parental leave for a company our size, with no provisions (to my knowledge) for the other leave situations listed above (like illness, injury, disability, etc.), just for birth/adption.
Shockingly, our owners don't want to have to offer more that they are required to!! When I asked why it was written that way in the first place, I was told because it would be beneficial to the woman who created the handbook - who went on to have 3 children of her own and took the 12 weeks each time.
So, yes we have the standard disclaimer stating we can change our policies at any time with or without notice blah, blah, blah, but really, how would YOU go about trying to make such a big change to your handbook? Help!
Comments
Any employee that has already been told that he/she will have 12 weeks....I would grandfather them in...then close the door.