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freyh8
16 Posts
[font size="1" color="#FF0000"]LAST EDITED ON 04-21-05 AT 09:37AM (CST)[/font][br][br]Have an ee who just returned from 12wks + 2days of FML in February for a knee replacement. She has no sick time left and 1 wk of vacation left. She suffered a heart attack on Tuesday night, they put in a stent and she will be released from hospital Friday. Doctor has advised no driving for 2 weeks, and so she is unable to come into work. If we require her to use 4 vacation days this week to cover absence, then our attendance policy kicks in and it's termination after 8 days. this ee has been with us for 12 years. We've never had this situation before - help
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We have both. One allows other EEs to donate qualifying time (in our case only vacation time can be donated) to an EE in need, subject to the approval by appropriate level personnel.
Or you can adopt a leave of absence policy, again subject to appropriate level approval, that can grant up to xx days leave without pay. We go up to 90 days, but usually 30 days is all we allow - just depends on circumstances.
We protect jobs, if possible, but do not promise it.
I don't wish to be harsh, but I don't think you can have it both ways.
Since our STD provides for up to 26 weeks of payment we work on the premise that the EE has up to 26 weeks of time off, although not all FMLA. What we do is after the EE is out of FMLA they are first placed on COBRA (or offered COBRA). Then the EE is informed that, while they are on approved leave of absence, we cannot guarantee that they will come back to their original position. In this instance, even if you began the search for the EE's replacement you probably won't have one before she can return so you may want to go ahead and just approve the leave and not bother with the search for a new EE but if it were going to be a longer absence, we inform the EE that we cannot guarantee that they will return to their previous position but if they are able to return within the 26 weeks they will be placed in a vacant position to which they are qualified.
Our Disability Leave is meant to mirror FMLA, with the exception that it is only for an ee's OWN serious health condition and that they are not guaranteed to return in the same position. Most do not use all of the additional twelve weeks and are able to return to their former position, some exhaust this leave. Once it is exhausted, an ee that does not work for 30 days is administratively separated.
I would formalize how you address issues that are either not FMLA qualifying and/or those situations when an ee exceeds the time limit for FMLA, as they pertain to the remainder of the 26 weeks in your policy. It will help you and management consistently administer the policy, as well as clarify qualifying events for ees.
Our medical coverage premiums have been taken out on the policy on the first day of the new month from our medical leave policy, therefore, the premiums may have been paid up for the month for this individual, but we may not be able to collect from this employee, because there would be no "pay due". However, our last opportunity is to accept that this person is in need of the utilization of our PERSONAL LEAVE OF ABSENCE POLICY, which stipulates that we can authorize an employee up to 6 weeks of PTO without pay, they simply must be willing to pay the medical premiums up front in advance. This would get her back to work upon release.
That being written as to the options to "skin" this situation I would be in close contact with the owners, because there are some "hidden opportunities" to "fail" and make the wrong call for or against this employee and her family. We want to do all that we can for this good employee, but are torn with the potential risk for medical plan cost, which is self insured and all cost are borne by the members of the plan, after the fact. Are we doing right by this individual and all other employees? It is our decision to make "our call", but the employee members ultimately bear the burden of our expenses to a self insured plan premium payment.
I look forward to reading other post on this thread. A great learning experience is upon us!
PORK