FMLA expiration

rroberts · October 2006

I'm questioning myself on this. Pregnant employee went on FMLA in August because doctor said she could not perform her duties. FMLA will expire in a couple of weeks and she has not had the baby yet. Does she get any extension for the birth of the baby or is her FMLA expiration date the end of leave for her?
Thanks

stilldazed · October 2006

12 weeks is 12 weeks. An extension beyond FMLA would be based on your company's policy/precedent, but the FMLA part won't extend unless she also rolls into a new year (based on how your company counts FMLA years).

Sounds cold and heartless, and she probably won't like it, but that's business. FMLA's protection moves to the employer after 12 weeks and gives you the chance to fill her position if necessary to get the work done.

rroberts · October 2006

stilldazed
thanks, that's what I thought. And you're right,when I tell her the 12 weeks have expired we will be the heartless, cold, uncaring employer.

marc · October 2006

Those are the cold hard facts.

Our shop will allow additional leave without pay of up to 90 days depending on circumstances. Perhaps this sort of leave will get you where you would like to go.

stilldazed · October 2006

I hear you and have been there and done that. Just remind yourself that you are not cold and heartless. You are really caring and compassionate in that you are thinking of the other workers in your company and ensuring an element of fairness without letting the emotion of one drive you too much. I know you'll find it, but there is a way to compassionate, get the job done, and be fair.

Best wishes, and by all means, offer Cobra as well as any other perks of being employed at your company. The expiration of FMLA doesn't necessarily mean her employment 'has' to end. Just don't use this case to set a new precedent.

HR In NH · October 2006

[font size="1" color="#FF0000"]LAST EDITED ON 10-12-06 AT 12:47PM (CST)[/font][br][br]I would just check on your state law. In CA, there is a separate four month Pregnancy Leave for prior to the birth and for the recovery after birth (6 weeks, or 8 weeks, if it's a C-section birth)that cannot be used in conjunction with FMLA. I'm not sure about other states.

We have multiple state locations, so our CA office is always a bit different, but we always follow the law of each state (or go beyond as noted below).

Our general company policy allows 6 months of medical leave (if the employee has been employed a year), regardless of the medical condition. After that, the employee is terminated with a rehire status, if a position is available once he or she can return.

stilldazed · October 2006

Understand completely about the state law thing, but Florida is relatively unregulated at the state level in employment law. There are a few, but nothing like California. There is no extra leave law in place.

Beverlee · October 2006

I'm sure you received certification that she was unable to work. I would ask for recertification if she is still unable to work at the end of her FMLeave, then offer her COBRA- you are going to look like the big bad wolf, especially when you term her health insurance!

If you do any extensions, be prepared for them in the future. Our county allows a 1 month extension w/ recert and a positive return date. An EE who is unable to return due to health reasons, is considered resigned, but eligible for rehire.

Good Luck!

FMLA expiration

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