Advice on leave items

J9JC

I currently have an employee out on Paid Family Leave , a California thing. We do not qualify for FMLA, too small. PFL does not guarantee the position. We have to hire someone to do her work while she is gone. We could possibly use the extra person after she comes back but we may not need her, since we are hiring a more skilled person to replace her. First question is, do we lay her off if we do not have the work for her when she is done with her leave? How likley is that to get us sued for a "retaliation" claim. I am certain she will look for anything to sue us for if she does not have a job to come back to.

Secondly, I need to let her know that the leave is actually 7 weeks, one week waiting period, then 6 weeks of PFL, and I will give her the new date her leave is through. I don't want to imply or seem to gaurantee a job back, so how should I word it? "Your new dates of leave will be Jan 13-March 3, 2005" but then what? How do I say she needs to be back to work without implying the job is there or do I just ask her to keep us posted as to her ability to return to work?

I feel very ignorant in this one since PFL is a new law and we have not had a leave situation that was adversarial before.

System

Follow this link:

[url]http://www.jacksonlewis.com/legalupdates[/url]

"Understanding California's Paid Family Leave Program" and go to page 2 for "Risks of Denying Leave or Refusing to Reinstate."

Under the PFL the employer has no obligation to reinstate but there are about 5 cautions in not doing so. You may find what you're looking for in that section.

J9JC

Thanks that was helpful to some extent.

SMace

Not withstanding the 5 warning signs in smoll's post, you need to tell her the thruth. There have been many a court case lost, because the employer didn't tell the truth. In a lot cases it didn't matter whether they did anything illegal, but since they didn't tell the truth they must have done something illegal. I would tell her she can apply for PFL, blah, blah, blah, rights, info, etc. Her job will be filled in her absence and depending on blah, blah, blah she may/may not be reinstated to her current position. If she is smart she'll look for a new job while she's out, so be prepared for her not to want to come back.

Don D

J: If I were in her shoes, I would sue you for not reinstating me. I would hunt deep and wide and come up with all sorts of 'reasons' you didn't hire me back and you'd be scratching both ends trying to cover your bases. I don't know much about California law, but I'm sure there are lawyers on every street corner who would take it.

If I intended not to reinstate an employee in your situation, I would certainly bounce it off an attorney, if for no other reason than to get me comfortable with it.

J9JC

Don and Mace, Thanks both for the replies. I also told Mgmt that if we end up not reinstating, we should consult an attorney first as I do not feel comfortable in advising how to proceed. After much conversation yesterday, we believe we will allow her to come back, but potentially in a a differnt position if she is not needed in the department she was in.

Don, your post made me laugh, although I am not the type to sue unless I think I was seriously wronged, too many in CA have the attitude you stated...try to get anything you can from anyone rather than work for what you have.