How would you handle this?
ritaanz
2,665 Posts
Not sure if this is FMLA or ADA so I'll post here. Employee has severe back pain (not work related) and his doctor wanted to operate. His medical insurance would not approve the surgery stating that he should try other avenues. They gave him 3 courses of action. He tried the 3 suggested remedies one at a time. This caused him to use intermittant FMLA. None of the remedies worked, and presently, he is worst than when he started.
The medical carrier is now approving his surgery. The doctor states that he will require 3 months to recuperate from this surgery.
However, his FMLA is almost all gone. The company's written policy is 12 weeks in any one year. Would this now fall under ADA and can he be granted an accommodation of an additional 3 months? Is the company legally required to give him the additional 3 months?
The medical carrier is now approving his surgery. The doctor states that he will require 3 months to recuperate from this surgery.
However, his FMLA is almost all gone. The company's written policy is 12 weeks in any one year. Would this now fall under ADA and can he be granted an accommodation of an additional 3 months? Is the company legally required to give him the additional 3 months?
Comments
As to your original question, "How would you handle this?" I would, first of all, be thankful that the guy is honest and didn't claim it as work related. Then I would extend medical leave or personal leave to him for the additional three months.
As far as extending additional medical / personal leave, you'll want to take in account what you would be setting as a president.
I always stress to management the most humanitarian approach possible. It pays in the long run as far as moral etc.
Good luck.
By the way the un-employment awards where not chargeable back to our history.
PORK
Meanwhile, what to do? I'm finding it more and more critical to have a clear policy on whether and when we will allow additional unpaid leave when an ee has exhausted all paid leave and FMLA, so that's something I'm working on right now. In your post, you said your co.'s written policy is 12 weeks in one year. Does that mean your policy specifically states that there is no additional leave to be granted after FMLA is exhausted, or is it just silent on that issue? If it doesn't say one way or the other, of course you're free to give him more time off but - as has been stated - you will be establishing a precedent. I would think long and hard about this guy, who sounds honest and deserving, and then your worst-case scenario, i.e. someone who will milk the system given the slightest opportunity. Then, decide where you want to fall on that continuum of extending leave vs. cutting them off at the end of FMLA, and make that part of your regular, written policy.
But you'll have to go by your policies. Ours is written to provide for additional time (6 months) based upon management's decision and business need. Under our policy, he would probably get the three months.
If he's ADA, then additional leave might be a reasonable accommodation.
James Sokolowski
HRhero.com
l. As part of his rehabilitation process could he return (say in 30 days)to a light duty position? 2. Would I have a light duty postion to offer? If the answers are yes I would give him the time necessary.