FMLA gone

benefits

If a person is on FMLA for a serious health condition of their own, and they exhaust all their 12 week entitlment, and still does not return, we then offer them a 30 day personal leave and if they are still unable to return to work, we terminate their employment. Then at a later time if they are released to return to work, they will be assisted with applying for any open positions as an external candidate. Is this common practice among other organizations?

Does it matter if the serious health condition is a Worker's comp claim?

Down_the_Middle

This is a common way of handling this matter in a number of different states I've worked in. Would be wise to check your state reg's to confirm that there is nothing different. I think the key here is----to treat employees the same with regard to termination, regardless of whether it's w/comp or non-work comp. If you discharge these folks with the same consistency, then I think you're ok.

C_J

We wait an additional 3 months after FMLA before termination, if it is for a serious health condition for the employee. This then brings the total up to 6 months which most agree meets the accomodation of a leave of absence under ADA. If the employee does not qualify under ADA, you can terminate immediately after FMLA expires.