FMLA

I have an employee who had a baby almost a month ago. She filled out her LOA/FMLA request to return in September. She has now asked if she can work a few hours here and there. For the most part it would sporadic. The department is backed up with work and could use her. What are my obligations? If she did return on this basis, what backup paperwork would be required?

Comments

  • 4 Comments sorted by Votes Date Added
  • I think you'd just redo the paperwork that your company requires.

    James Sokolowski
    Senior Editor
    M. Lee Smith Publishers
  • And I'd recommend making sure the doctor's statement supports her early return. If he strongly stated that she be out for a fairly well-defined length of time, you need to either go along with that or call his office and fax another form or ask them to send you something that will support intermittent leave.
  • Keep in mind that should you allow an individual to return to work on limited duties for "maternity", other individuals with other medical illnesses will have the same consideration. Think through your decision very carefully, as your actions will dictate future issues.

    Consistency and treating all medical conditions with limited restrictions the same way is vitally important!
  • I wouldn't let her do this unless (1) you had a doctor's clearance and (2) you are setting a precedent. I would just tell her that she didn't have to use the entire 12 weeks of "bonding" time and if she wanted to come back earlier than the 12 weeks on a full time basis, you could allow this. It would be a nighmare trying to keep up with this "sporadic" work. We have several employees who have come back early from FMLA because they could not afford to be without a paycheck for three months.
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