FMLA-job posting

robinhrgirl · October 2003

Another strange situation...
We have an employee who has just been approved for FMLA. She is a secretary at our highschool and the powers that be would like to post her job now (in-house only) but as a permanent position. I suggested posting the position as a temporary position until we see what the end of her 60 days of FMLA coverage brings. They disagree and prefer to get someone hired immediately and begin training them for the position. They feel that anyone hired for a temporary position would not learn the position or care as much about doing a good job if they know it is temporary.
Maybe I'm idealistic (I think I'm realistic) but in my opinion the interviewing should be done with the intent that it is a temporary position that could work into a permanent position, therefore giving the temp even more motivation to do a great job. I also believe that the position should not be posted as a permanent position until we know the intent/status of the employee on FMLA and at that time the temp should be aloowed to apply for the permanent position along with any other applicants interested.

Any ideas?

Thanks,
Robin

Leslie · October 2003

Does someone have inside info that your FMLA secretary is not going to return? What position do you have available for her upon her return if her replacement is hired as a regular employee? (Regular is my word alternative for permanent - permanent implies forever which implies contract which causes lots o' problems).

robinhrgirl · October 2003

No inside information, just a feeling some people have. I don't like to rely on someone's feeling though. She is applying for SS disability and I am inclined to think that she will not be eligible (her illness is irritable bowel syndrome). I haven't even seen the FMLA paperwork or physicians certification yet to see if the criteria qualifies. I've never had anyone apply for FMLA for that illness. A position would have to be created for her if she should return.

Leslie · October 2003

I hope you're waiting to find out if she qualifies before posting for the job! Creating a position for someone returning from FMLA? I've never even thought of doing it so can't advise you there.

Are you a private or public school? I think either way funding a created position might be problematic.

If she qualifies, I'd do my best to convince those in charge to hire temporarily. Then perhaps you can get some intent out of her.

robinhrgirl · October 2003

Let me back up. I was told that she had been to the doctor last evening and that the Physicians Certification was on the way. I have not seen the paperwork yet. So, she has not been officially approved for FMLA. The truth is, Administration is truly jumping the gun. They are assuming that the illness will qualify also.
I asked this question assuming her illness will qualify. I try to be prepared with some information before discussing it with him. I have brought up every logical reason I can think of and have not been successful in changing the mind of my Administrator.
This will all be "moot" if her illness doesn't qualify. HA!

Frustrated,

Robin

robinhrgirl · October 2003

Well, the physician certification qualifies her illness as a chronic condition requiring treatments. The medical facts state that depression exacerbated by recent losses and flaring of IBS. Duration of incapacity is indefinite.
So, I posted the job this morning as I was told to do for the full-time regular position. I guess we'll see what happens.

Thanks,
Robin

santire · October 2003

I may be missing something here. It appears that they wanted you to post a job as available for someone that was on FMLA and then they want you to post that job because the person has applied for FMLA. This whole process seems to be a blatant violation of FMLA. One thing is not clear - is she protected by FMLA? This discussion about temporary v. permanent does not clarify if she has been with you long enough to qualify. I will presume she has since she has applied for it. Incidentally, let me second the warning given above about the term "permanent." Apparently, this is not to be an at-will position and your organization accepts that. If not, you had best find another term.

robinhrgirl · October 2003

She is protected by FMLA (13 yrs service). We actually do contract an individual after a 60 day probationary period, however we still consider our employment policy to be at-will. And yes, school districts have all kinds of unusual terms but that one was my mistake.

FMLA-job posting

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