Return Status Rights
jfletcher
22 Posts
Hello
Ok here's the deal. An employee went out on Apr 15, 2004 on FMLA leave. I started here as the HR Mgr. 5/10 this year. Was not made aware of this person's existence by current HR Mgr. until she left 6/1. EE called into President, her direct report, he told her to contact me, she finally did, July 10, days before FMLA protection is up. I had tried several calls to her, no answering nmachine & didn't return calls left on cell phone. During this time she kept faxing in doctor's notes to President keeping her off work. Original leave ppwk stated 5/31/04 return date. Her original leave was for complication with invtro procedures and now supposedly she is finally pregnant. I have received NO confirmation of this, no request for leave extension, nada. I explained to her that her FMLA 12 week protection was up and if she would be able to return I would need some documentation from her doctor as to limitations if any. Her postion is an important one and we can no longer go with out someone in it, another woman is handling the basics but is leaving next week. The EE was supposed to be here yesterday but, SURPRISE, can't come back for another 3 weeks
1. Am I correct in my position that we do not have to offer that position back to her, we are currently looking at temp to hire.
2. We do not have a similar position with the same or similar duties, hours, pay available. Are we required to create one? I say no.
3. Since there is no offcial confirmation of pregnancy just rumors, is invitro procedure covered under Pregnancy Discrimination Act?
We are wanting to do the right thing but this has created a hardship for the business. Any help, advice....medication for me would be greatly appreciated. Thanks
Ok here's the deal. An employee went out on Apr 15, 2004 on FMLA leave. I started here as the HR Mgr. 5/10 this year. Was not made aware of this person's existence by current HR Mgr. until she left 6/1. EE called into President, her direct report, he told her to contact me, she finally did, July 10, days before FMLA protection is up. I had tried several calls to her, no answering nmachine & didn't return calls left on cell phone. During this time she kept faxing in doctor's notes to President keeping her off work. Original leave ppwk stated 5/31/04 return date. Her original leave was for complication with invtro procedures and now supposedly she is finally pregnant. I have received NO confirmation of this, no request for leave extension, nada. I explained to her that her FMLA 12 week protection was up and if she would be able to return I would need some documentation from her doctor as to limitations if any. Her postion is an important one and we can no longer go with out someone in it, another woman is handling the basics but is leaving next week. The EE was supposed to be here yesterday but, SURPRISE, can't come back for another 3 weeks
1. Am I correct in my position that we do not have to offer that position back to her, we are currently looking at temp to hire.
2. We do not have a similar position with the same or similar duties, hours, pay available. Are we required to create one? I say no.
3. Since there is no offcial confirmation of pregnancy just rumors, is invitro procedure covered under Pregnancy Discrimination Act?
We are wanting to do the right thing but this has created a hardship for the business. Any help, advice....medication for me would be greatly appreciated. Thanks
Comments
What I do with a case like this (and I have had a few), I send the employee a certified letter stating that their FMLA has been exhausted and that you have exhausted all efforts to contact her to ascertain a return to work date. Since they have gone over the FMLA alloted leave (which you didn't have to do), I'd just inform her that you have begun the recruiting process to fill her position and unless you hear from her immediately, you will continue to proceed in this direction.
If she intends to come back or respond to you, this should do the trick.