Am I missing the easy solution???
NeedCoffee
595 Posts
FMLA is the bane of my existence. I hate it. I have a feeling I'm missing something simple here - am I making this harder than I need to?
Long time EE (qualifies for FMLA, only protected working class is age) has progressive back problems. Each time his back gets worse, we accommodate, sometimes transferring him to a new position that works with his restrictions. I do not think he qualifies with ADA because his injury has not prevented him from carrying out a major life activity.
He recently injured his back again (non-work related) and this time the Dr. sent restrictions which we cannot accommodate. These restrictions are "anticipated" to last 2-4 weeks. EE has not requested leave of any kind, and is willing to work.
Since we are unable to accommodate the restrictions, I know that in a perfect world he can be terminated. However, since these restrictions may or may not last only 2-4 weeks, are we expected to wait until the 2-4 weeks is up to make that determination? And in the mean time, we don't have a job for him to do - do I have to put him on FMLA leave until the 2-4 weeks is over, even though he has not expressed a desire to have leave from work in any form? Or can I just fire him because we can't accommodate the restrictions?
I think I'm just tired and can't see straight. This cannot be as difficult as I'm making it. If I ever meet the person who had the bright idea for FMLA, I would promptly smack him across the face.
Long time EE (qualifies for FMLA, only protected working class is age) has progressive back problems. Each time his back gets worse, we accommodate, sometimes transferring him to a new position that works with his restrictions. I do not think he qualifies with ADA because his injury has not prevented him from carrying out a major life activity.
He recently injured his back again (non-work related) and this time the Dr. sent restrictions which we cannot accommodate. These restrictions are "anticipated" to last 2-4 weeks. EE has not requested leave of any kind, and is willing to work.
Since we are unable to accommodate the restrictions, I know that in a perfect world he can be terminated. However, since these restrictions may or may not last only 2-4 weeks, are we expected to wait until the 2-4 weeks is up to make that determination? And in the mean time, we don't have a job for him to do - do I have to put him on FMLA leave until the 2-4 weeks is over, even though he has not expressed a desire to have leave from work in any form? Or can I just fire him because we can't accommodate the restrictions?
I think I'm just tired and can't see straight. This cannot be as difficult as I'm making it. If I ever meet the person who had the bright idea for FMLA, I would promptly smack him across the face.
Comments
You're not making FMLA too hard -- it's too hard all by itself!
I agree with the others, if he is eligible for FMLA put him on it whether he requests or not. Do not terminate. If you're lucky (I can't believe I'm saying this) he will eat his way through the 12 weeks (is this his first request in your reporting year?) and you can then think about whether you should terminate.
That being said, I agree with the others: FMLA first. Then re-evaluate and see if you can/cannot accommodate.
By the way - if anyone knows some good FMLA resources/seminars/etc, pass them along!
I can't speak for how good the class will be, but I will be going to a class on Wednesday this week in Orlando, FL--FMLA Master Class. If you're interested, I can fax registration info about the class and sponsoring company. I'm sincerely hoping I can learn some techniques to smooth the administration process. If I learn just one, I think I'll be happy.
>the difficulty of FMLA. Between it, salary
>administration, benefits administration, OSHA,
>staffing, and special employee events every
>couple of months, FMLA is the single hardest
>thing my department has to administer.
>Employees don't understand it, supervisors don't
>want to accept it, and I hate it. It seems that
>it is the one subject where I am a broken
>record--constantly explaining it to employees,
>and constanting explaining to supervisors why we
>have to administer it consistently. My
>experience is that employees resent what they
>see as an intrusion into their personal lives,
>and because absence information comes through
>supervisors, supervisors have to be policed
>heavily to discourage discriminatory practice
>among their workers.
>
>I can't speak for how good the class will be,
>but I will be going to a class on Wednesday this
>week in Orlando, FL--FMLA Master Class. If
>you're interested, I can fax registration info
>about the class and sponsoring company. I'm
>sincerely hoping I can learn some techniques to
>smooth the administration process. If I learn
>just one, I think I'll be happy.
I would be very interested receiving info on your FMLA Master Class! I have taken a class that was good, but I need something that is more involved. We have about 500-600 FMLAs a year! I do spend alot of time with Wage & Hour obtaining clarification. They are very helpful, understand the employers' dilemna, and seem to be frustrated that they cannot do anything more than quote the Regs. Would you please send info to: [email]semoniav@genco.com[/email] or fax to VS at 412-820-2285.
Thanks so much!
You might watch the following URL for updated info:
[url]http://www.hrhero.com/seminars/state/[/url]
Brad Forrister
VP/Content
M. Lee Smith Publishers
>Employees don't understand it, supervisors don't
>want to accept it, and I hate it. It seems that
>it is the one subject where I am a broken
>record--constantly explaining it to employees,
>and constanting explaining to supervisors why we
>have to administer it consistently. My
>experience is that employees resent what they
>see as an intrusion into their personal lives,
>and because absence information comes through
>supervisors, supervisors have to be policed
>heavily to discourage discriminatory practice
>among their workers.
This is it in a nutshell, Stilldazed. Employees are relieved they get it until they hear about the responsibilities for reporting and managing that come with it. Supervisors are fine with it until it creates difficulties, then they're all over me with fictional worst case scenarios. "do you mean, if blah, blah, we have to accept it?" Usually the answer is yes, and they can't stand it.
an added wrinkle is that we offer salary continuation for a limited amount of time. Our policy pre-dates FMLA and we were always so proud of it, now it's a thorn in my side but of course impossible to take away.
If you're giving him accommodations, he may be covered by ADA under the "regarded as" provision. In other words, it's at least some evidence you're regarding him as disabled, even if his disability doesn't prevent him from carrying out a major life activity.
When you say he qualifies for FMLA, do you mean that he's been working for you long enough, or do you also mean that his condition qualifies medically? If it's not causing him to miss work, it might not qualify. (Although it does sound like he's probably under a doctor's continuous treatment for it.)
Brad Forrister
VP/Content
M. Lee Smith Publishers