Extension of FMLA

System · July 2003

I have looked back on some of the questions asked earlier and I still have not found an answer to the question I have. If our company extends the FMLA beyond 12 weeks (sounds like we would not have to bring him back after the 12 wks.) but say we extended the leave the employee returned - (during this employee leave we needed to fill his postion) - when we bring this employee back do we need to reinstate this employee to a similiar poisiton with the same pay? And here is another question? if we brought the employee back and he was not able to work yet at 100% can we also bring him back at a different position with a lower pay?

I would appreciate any help with this

Spoden
(this FMLA - you just have to be so careful on how this is handled)

LindaS · July 2003

Are you actually extending FMLA and all the rights associated with the law or are you simply extending a leave of absence? If you are choosing to extend a leave of absence, once the initial 12 weeks have passed, all job/benefit protection under the federal (and state unless your state law differs) have expired. If any employee is still unable to return to work after 12 weeks, you can elect to allow this person to remain on a leave of absence but upon return to work there is no guarantee he will be returned to the same, or equivalent, position. Just make sure you apply this consistently throughout your company.

watrsflo · July 2003

And be sure you make it clear to the employees, in writing, that their right to reinstatement applies only at the time their FMLA protection ends -- not beyond that date. If you clearly inform them so, then if they choose to remain off longer, they are making that decision fully informed that it might jeapardize reinstatement to their former position. It's okay to be more generous, if you can afford to be, but it's wise to be careful in promising too much. Clear and timely communication -- in advance -- is sound practice.

Kiwi · July 2003

I would also make it very clear, in writing, how the Leave extension would affect their health coverage. We have extended beyond FMLA, but they have to pay their entire health premium during that time if they want to continue it. The full premium amount can be quite a shock to them.

Rockie · July 2003

I would not call this an "extension of FMLA" as FMLA only obligates the employer to protect the job for 12 weeks. I would consider a leave of absence after the FMLA has run out. Make sure you put in writing, that this is a leave of absence and you will make an effort to place the employee in a job when they can return, but you cannot guarantee any job or a job at the same rate of pay, shift, benefits, etc. If you state "an extension of FMLA" you may be setting yourself up to extend all the rights and protections of FMLA leave to the employee.

Margaret Morford · July 2003

Don't miss the huge pearl of wisdom given above. If you do this, you will also be obligated to do this for any other similarly situated employee - which is why most companies do not do it. Companies normally terminate the employment, trigger COBRA and then allow employees to reapply when they are able to work again. If the employee is not 100%, he/she can apply for a lower level job. I recommend a policy where if an employee is rehired within six months, you restore the employee to full status as if he/she had never left.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Extension of FMLA

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