Exceeded 12-week FMLA

durasupreme

Our employee has been out the allowed 12 weeks FMLA due to her husband's serious illness. She was due to return to work June 18th. Due to complications with her husband we granted her an additional 2 weeks of leave, and she had planned to return July 8th. Now I have received information from her husband's doctor indicating he needs to be hospitalized at least 2 more weeks, and then will require her to be with him as constant caregiver for a MINIMUM of one month after his discharge. The employee and her husband's doctors seem to think that we should be understanding and continue to hold her position indefinitely. Any thoughts or comments on how we can best address this would be appreciated. I feel we've been lenient in allowing the additional time already, and do not need to offer any additional loa.

Margaret Morford

I would explain it in terms of being fair to other employees. You cannot function as a business if you gave everyone indefinite leaves and what you do for one employee, you must do for others. The law says 12 weeks and you have stretched it two additional weeks. I'd tell her you have no other choice, but to terminate her employment. Then encourage her to re-apply when her husband is well again. Also check and see if she would qualify for unemployment in your state. If she does, you can soften the blow by telling her how to sign up.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Janet

Cold-hearted, perhaps, but I agree with Margaret. Unfortunately, HR must make some tough calls. I have a similar situation brewing and, much as I'd like to give the EE what he wants, it simply isn't possible. You've been more than generous.

Rockie

You have been extremely generous and have, indeed, set a precedent to extend to other employees. Unless you are prepared to go this far with everyone, I would just terminate. It's very sad, but I don't see where you have a choice.