What to do?

LindaS · August 2004

I have a 20 year employee who went out on FMLA in 8/04. She was out for 14 weeks (we granted an extension)and returned in late November 2003. She went out on another leave (3 month) beginning in late May 2004. Between August 2003 and now, she has missed over 1200 hours of work (FMLA, LOA, voluntary layoff, vacation, etc.)so she does not requalify for federal FMLA at this time. She is still off work and the last time I talked to her (she is having the same surgery for this LOA as she did in 2003) she stated that the healing for this surgery is going much slower than last time and is much more painful.

Her leave expires next Friday and I am sending her a letter stating that we need updated information regarding when her anticipated RTW date is but I don't see us being able to grant an additional extension of her LOA as we are a union facility and once you do for one, you do for all.

Does anyone have any suggestions other than termination?

Mentel · August 2004

I think you were generous to give her the extra two weeks last year. You could have terminated her then if your union contract allowed. Are you on a calendar basis for FMLA? Then you would have had to give her this FMLA. If you are a moving year, then this last absence would not even be covered by FMLA. Since you have already called this last absence as FMLA, I would call it quits after 12 weeks. You have already covered her for 26 weeks off in the last year! It would set a bad precedent to allow her more time off. What happens when someone who is a 'problem child' wants the same benefits? Give her a chance to re-apply when she has been OK'd by her doctor to go back to work. As much as you may like her or want to help, your hands are tied.

TPONE · August 2004

We've had luck in the past working with our union to place the individual on a "medical layoff". We then follow our language for layoff situations. Continue benefits and expire seniority accordingly. Is your LOA language specific enough to be helpful?

Crout · August 2004

I think you answered your own question. You simply cannot extend her any more leave and still stay within your policies, so if she doesn't resign you must terminate her. I would send her a letter now reminding her of the ending date of her leave. You are also quite correct that the Union will probably try to use this as a precedent-setting event.

What to do?

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