FMLA Termination
NeedCoffee
595 Posts
If this has been addressed elsewhere, I apologize, but I couldn't find a related thread.
An employee is nearing he end of his FMLA time. I am going to send him paperwork stating that his FMLA benefits will run out on X date and at that time he is expected to report back to work (he was on intermittent leave, which has now become continuous). On X date, he will again be bound by the attendance policy of the company.
If he does not return to work upon the end of FMLA, my plan is to terminate him if he violates the attendance policy.
BUT
We have 2 other EEs who have exhausted their FMLA who we are not holding accountable to the attendance policy. Reason? Their illnesses fall under the ADA, and we are giving them time off as a reasonable accommodation (cancer and MS). The employee I discussed above has vertigo, which is NOT covered under the ADA, therefore I'm not obligated to make any more accommodations, right?
I guess I just need another set of eyes and ears to tell me I'm legit in this thinking. Any help is appreciated!
An employee is nearing he end of his FMLA time. I am going to send him paperwork stating that his FMLA benefits will run out on X date and at that time he is expected to report back to work (he was on intermittent leave, which has now become continuous). On X date, he will again be bound by the attendance policy of the company.
If he does not return to work upon the end of FMLA, my plan is to terminate him if he violates the attendance policy.
BUT
We have 2 other EEs who have exhausted their FMLA who we are not holding accountable to the attendance policy. Reason? Their illnesses fall under the ADA, and we are giving them time off as a reasonable accommodation (cancer and MS). The employee I discussed above has vertigo, which is NOT covered under the ADA, therefore I'm not obligated to make any more accommodations, right?
I guess I just need another set of eyes and ears to tell me I'm legit in this thinking. Any help is appreciated!
Comments
We send out a letter after FML is exhausted if the employee has not indicated an imminent return date and has no leave left. The letter says something like "(Company) cannot due to business necessity continue to hold your job open indefinitely," and gives a deadline to return to work. It then states that IF the employee is able to return to work, he/she must provide the attached medical release to return to work. The information in the release indicates whether there are restrictions, whether they are temporary/permanent, and the nature. Many companies have transitional duty for temporary limitations (i.e., no lifting of heavy items for 2 months). The employee must either contact you and say he/she can't return by the deadline (ability to come to work is an essential function of most jobs) or return the form with limitations, if any, when you can assess whether this will spill over into an ADA accommodation (some type of permanent impairment), temporary restriction (transitional duty job, if you have those), or no restrictions. If there is no response, you can let the deadline pass and then terminate.
Don't fall into the trap of assuming that a condition is or is not covered by ADA based on the name. The crucial information is how an impairment affects the employee's ability to perform the essential functions of his or her job. You learn that by asking the employee to provide a return to work form listing any limitations and their anticipated duration.