Holding Position for new employee
GJohnson
38 Posts
We have a new employee who has been with us for less than 90 days. She has taken off a number of times since hire for medical appointments etc.
Her supervisor just informed me that she will probably be off for an extended period of time for heart surgery after she becomes eligible for our insurance the 1st of August. I am assuming that she currently has some sort of coverage so that this isn't considered a pre exisiting condition or that she falls under HIPA.
The supervisor says that she is an "okay" worker, but is concerned about the time off that she has already taken, and that she will need in the future. At this early stage of her employment, most any time that she takes off will be time without pay.
We have held jobs for maternity and other surgeries for up to 12 weeks. She is close friends with other staff and is aware that we have held positions for an extended period of time. We have under 50 employees and are not affected by FLMA.
The supervisor is asking how long she has to hold the position assuming she will be off for awhile before it can be considered a burden on her department? I suggested since we have a history of holding positions for around 12 weeks that may be considered precedent.
Any thoughts?
Her supervisor just informed me that she will probably be off for an extended period of time for heart surgery after she becomes eligible for our insurance the 1st of August. I am assuming that she currently has some sort of coverage so that this isn't considered a pre exisiting condition or that she falls under HIPA.
The supervisor says that she is an "okay" worker, but is concerned about the time off that she has already taken, and that she will need in the future. At this early stage of her employment, most any time that she takes off will be time without pay.
We have held jobs for maternity and other surgeries for up to 12 weeks. She is close friends with other staff and is aware that we have held positions for an extended period of time. We have under 50 employees and are not affected by FLMA.
The supervisor is asking how long she has to hold the position assuming she will be off for awhile before it can be considered a burden on her department? I suggested since we have a history of holding positions for around 12 weeks that may be considered precedent.
Any thoughts?
Comments
Is this the first time this has happened in this particular department, where in other departments this kind of absence was more easily absorbed? That may be your loophole.
How can you keep a job for 3 months for an employee that just worked 3 months? What if she doesn't qualify after her probationary/ new employee progress period?
I agree, the employee likely needed insurance and now she/he has it.
I agree she needs to be replaced, and of course that's not how the conversation would go. I'm just saying be very careful how you word this or that may very well be what she "hears." Leave everything out other than you are unable to approve her request for Leave. Either continue working or we are forced to replace you.
You could also let her go based on her still being in her introductory period, but that doesn't take away the fact that you are well aware of her medical issues and that her resulting attendance issues are affecting her performance.
And by the way, she can elect COBRA right? She'll still affect your plan for the next 18 months.
New employee, when you were hired you were informed that the first 3 months, 90 days, 13 weeks were a probationary, progress review period. We have discussed your poor work performance several times. Effective immediately, you are being terminated as not qualifying during your probationary, progress review period.
End. Done. No further conversation.
Ritaanz's wording is perfect. x:-)
Anne in Ohio
>eligible for COBRA if her insurance doesn't
>start until August?
>
>Anne in Ohio
Not if they terminate before she's eligible for the insurance. COBRA isn't offered for insurance they didn't have. When she's eligible and enrolls in the insurance she'd be eligible for COBRA. If she's eligible for insurance and doesn't enroll, then she wouldn't be eligible for COBRA since she didn't have the insurance.
Remember the needs of the company, not the individual, come first. If the company can function adequately without her, eliminate the position altogether; otherwise, terminate and replace her. If you experience performance problems before the 90-day introductory period has concluded, I have found that problems will persist after the 90-day introductory period.