fmla

dennis

We have a generous medical leave policy. The FMLA clock does not begin until paid sick and annual leave have been exhausted. An employee has requested medical leave only for the duration of her accrued paid leave. She has discussed her need for time-off for medical reasons but with no definite dates. She has recently established the dates for her requested leave. During this time period we had been planning to upgrade a position in her department which would eliminate the need for her position. We have discussed placing her in another department when she returns to work with the same pay and benefits. As of yet, we have not talked with her about this because we have not finalized plans. The need for the upgrade is real but the timing for this change is unfortunate. Because we do not begin the FMLA clock until she exhausts her accrued paid leave, would she be protected under FMLA during the paid portion of her leave? Thanks - Dennis

System

Hmmm...a medical condition that will be cured on the exact same day as her paid leave expires?

Anyway, what you're describing is legal (making a job change that you would've made regardless of FMLA leave). But it will look illegal to her if she's as cynical as I am. I'd talk to her about it sooner instead of later. She'd be suspicious if she heard it through the grapevine first, or if you spring it on her while she's on leave.

And, in case she ends up suing, be sure to keep notes and other proof that you were considering this change before she asked for leave.

Good luck.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Don D

And also consider suggesting to your president or ceo that you change the policy to require concurrent running of leaves. Your current policy sounds like it might allow somebody to be off half the year.

Pork

Like Don and James, I feel your situation "stinks". Either the ee has gotten word of the plan, or somebody in the planning cycle has let a situation with performance linger to long and he/she/they see "reorganization" as an easy way out. I would get senior management to hold off making any adjustments in organization until the ee's situation and medical condition has had time to heal. Then take the actions toward reorganization that is needed and let the "chips fall where they may". It reads like there is maybe only a few weeks in consideration. surely, it can wait that long! Good luck Pork