Out of FMLA time before the Baby Arrives

We have an employee who is due to give birth in March 2010. She was involved in an auto accident in mid September 2009 and has already taken off almost 200 hours because of that. Her doctor has restricted her to part time work until the baby arrives. According to my calculation, she will be out of time (480 hours) before the birth. We calculate on a rolling calendar (forward) and I am counting from the first day she missed work due to the auto accident. I would appreciate your letting me know: 1) whether my calculations are correct; 2) what happens when she runs out of time before the baby arrives?

This employee has always taken every opportunity to miss work and because of her we are now implementing FMLA. What other repercussions might occur if we terminate? Thank you very much in advance for your comments.

Comments

  • 3 Comments sorted by Votes Date Added
  • [QUOTE=carol1500;718132]
    This employee has always taken every opportunity to miss work and because of her we are now implementing FMLA. [/QUOTE]

    Do you mean, "now" like in going forward? Has she been on FMLA for all of her prior absences? From your post it's unclear.
  • The first implementation of FMLA for any of our employees started with the September 16th episode. Prior to that individuals took off as much time as needed and nothing was tracked, notices were not sent,etc. In other words, FMLA was never implemented. With this latest episode, management ran out of patience, and wanted to terminate her, but I was able to convince the managing partner that the appropriate way to handle this matter is to follow FMLA. And so I sent out the DOL forms, etc. Her physician has put her on 1/2 days due to back pain caused by the auto accident until the birth in March. Please let me know if you have additional questions.
  • If it is a standard 8 hour day, and I don't take into consideration any holidays your company may give, I calculate 20 hours per week, plus 16 hours for that first week of PT (Sept 16, 17, & 18).

    By close of business March 2nd she will have used 480 hours.

    If you take out the holidays, assuming your company gives Thanksgiving, Christmas, and New Years, it could extend out through March 5th.
Sign In or Register to comment.