Can't come back in 12 weeks

GLC · June 2003

I'm just wondering what other companies do when an employee cannot come back to work in 12 weeks. If you allow additional time, do you give the same time for all employees who cannot return in 12 weeks. Do you use some set criteria?
What if the ee still has sick leave remaining, after their 12 weeks is up. It would seem unfair to terminate them, but I am becoming frustrated when an employee cannot come back to work and how long to hold the job.

LindaS · June 2003

If an employee cannot return after 12 weeks you would need to look at ADA to see if the person would qualify under that law and if so, determine if an extended leave would be a reasonable accomodation. If the additional leave is not "reasonable", you would need to be prepared to determine why it is not should the former employee file a discrimination charge. If they still have sick leave left, you probably wait until that is expired before making any final decisions but once they have, get as much information as you feel you need before making that final decision to terminate.

As for my company, we allow up to 6 mos. of leave before we look at long-term disability and/or termination of employment.

SDDCHR · June 2003

Yes, you do need to look at the ADA issue. Based upon the employees condition it may or may not be time to terminate after their 12 weeks is up. This is going to be different for each situation. Also keep in mind that attendance is an essential function of the job! So, based upon the reason for the FMLA and the outlook of the treatment provided, it may be time to terminate. I know... these answers are as clear as mud!

psrcello · July 2003

Our short term disability plan runs 26 weeks. If an employee can't return in the 12 weeks allowed under FMLA, but they are still "disabled" under the definition in our STD plan, we do not terminate them until they have exhausted their STD benefit period. Obviously, we will look at ADA at that point to see if they would be covered.

Under our attendance "points" program, FMLA time does not result in any attendance points. However, after the 12 weeks end, if they're still under STD, we charge them with one absence point for the continuous disability.

clarkbar · July 2003

I have two employees currently on FML using STD. One employee's doctors informed us on the STD form that the employee would be out until a specific date which is 6 weeks beyond his FML expiration. The other employee's doctor did not indicate on the STD form how long this employee would be out. Would it be proper for me to inform each employee that their FML expires on "X" date and for the employee whose doctor did not indicate a return-to-work date ask that employee to furnish documentation that they need to be out beyond the termination of their FML? I know my company and they will go out of their way to accommodate employees. I would like to have documentation from this ee's doctor indicating that the ee is still incapacitated and needs more leave time. Our STD runs 26 weeks. Is this additional documentation allowed? Thank you.

LindaS · July 2003

On the information provided by the ee's physician did it indicate anything about when a follow-up appointment was scheduled? How long has the employee been out? Do you have a policy stating how often an employee needs to contact you to keep you up-to-date on the status of the illness/injury? If you do not have a policy regarding a timeline, you may want to add something to your existing FMLA and/or Attendance Policies so employees are made aware of what the expectations are. If the employee has been off for more than one month, I would certainly contact the employee to inquire as to what their status is and inquire as to when their next dr. appointment is as well as inform them that you need updated verification of their continued disability. If they don't have an appointment in the near future, ask them to provide a slip from their last appointment.

Can't come back in 12 weeks

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