FMLA Expired, keep her on leave

LeslieC

I have an ee who's FMLA is about to expire and will not be able to return to work at that time. We are paying for our share of her medical insurance, and she is paying her usual employee contribution. If we terminate her when her FMLA expires, she'll have to go on COBRA, and inlight of all her expenses and her loss of pay, this will be a big hardship for her. After FMLA runs out, we would like to keep her employed and on a leave of absence, and continue to help pay for her medical insurance until she has recovered enough to work. If we do this, are we then obligated to bring her back? We need to replace her when her FMLA runs out, we just cannot function any longer without someone in her spot. Once she is able to work, if we have a spot for her, we'd gladly take her back, but if we dont, we would need to terminate her.
any suggestions? we just really want to help her through a very tough time.
thanks for any ideas.

Down_the_Middle

Many employers offer a non-FMLA leave of absence when the employee is unable to RTW after 12 weeks. Typically the leave is approved for a shorter time period 30-60 days with the understanding the position is not protected and will be replaced. The employee either returns to an avail position or is terminated at the conclusion of this non-FMLA leave.
Doesn't sound like you have such a policy or practice, but you can likely begin whenever you're ready. It's always awkward when FMLA expires, the employee is unable to RTW and the employer is expected to continue subsidizing the employment benefits portion. Depending if and when you're LTD commences you'll want to ensure that terminating the employee early doesn't DQ her from receiving that benefit........ Good luck.

HRCalico

We created a policy for just this situation. I have a very simple form that we ask the employee to fill out - general reason for leave (i.e. back injury), length of leave requested, FML exhausted?, and approval signatures by HR, supervisor, and president.

Our feeling is that we want this to be a case-by-case thing, basically that the more senority an employee has, the more likely we are to extend the leave, depending on the situation, of course.

Right now, I have an EE out that just requested her 2nd extension. She had 12 weeks FML, requested a 3 month extension, and just turned in a request for a 6 month extension. We approved it, but in the letter I sent (and the call I made to tell her the letter was coming), I told her that if she was unable to return at that time, we would terminate and she could reapply when she was well. She has been with us for probably 12 years. I have another EE, with us for 17 years, that we will probably do the same as he rehabilitates from a car accident.

However, with every letter I send, I put a due date, which is on or right around the date their leave expires. I termed one EE in January becuase he didn't bother to return his form. He filed for unemployment, and we won an appeal. That part will be consistently applied. I even spoke to him and told him I was sending the form, so he knew it was coming. They have to hold up their end of the bargain.

LeslieC

thank you both. This is very helpful. We will extend her leave, with no guarantee of a position when she is able to return, but at least we'll be able to keep helping to pay her benefits. again, thanks for the input