maturnity leave FMLA - exhausted

turbo

I have a shop worker who left to brith her 4th child 12 weeks ago. Her doctor has not released her to return to work. She is undergoing some kind of treatment following the birth.

No other details. I have a doctor's note.

Next week she exceeds FMLA time. We are in Texas. What are the options here?

Rockie

Unless this "condition" she is being treated for somehow qualifies under ADA, she would be out of FMLA once her 12 weeks is up. I'd send her a certified letter to that effect and I'll bet she comes back to work with a doctor's release.

turbo

that was my guess.

We don't know the treatment or condition. thanks.

Don D

FMLA doesn't entitle the employer to 'know the treatment or condition'. Notify her that her FMLA is exhausted and demand that she get in touch with you to discuss her return capability. If she does not respond, terminate her.