Employee wants extended leave

Marti

We have an employee who is nearing the end of her FMLA leave for childbirth. She is due back Feb. 3rd. We received a letter last Friday asking to extend her leave until the beginning of the next school year in September 2003. All the signs leave us to believe that she has no intention of returning. Her personal stuff was gone and her office stripped bare when she left in November. We have decided NOT to extend the leave but require her to come back. She does not know this yet. Her contract for next school year will probably not be renewed as she is a malcontent and her area has been running the best in years since her absence. We figure that she will refuse to return if we call her bluff on the extension and that she will resign. Then we will be off the hook on unemployment and any potential lawsuit.

Last night the Head of School got a voice mail (this employee has talked to no one personally) that her grandmother in another country fell yesterday and the employee is flying there on Thursday with new child so that gram can meet great grandchild. We do not know how long she will be gone, etc. The Head wants to be compassionate about her family need and grant her some additional leave but I think we are setting a bad precedent. This would not fly under FMLA or bereavement leave. She is playing us big time! I say dismiss her if she has not returned within 10 days. She then can't collect. Any thoughts (or traps)?

bsa

Compassion is a double edged sword. Legally, you have met your obligation to her on Feb 3. Unless you have granted similar extended leaves to others, I wouldn't start with her. She should be able to visit great grandma and return by Feb 3. Send a letter (certificate of mailing or certified return receipt) stating that you expect her return on that date.