FMLA and Promotions

Evswife

We have an employee who is interested in applying for a position of Trainer. This would require her to travel periodically and it would be imperative that she be at work consistantly. However, her daughter, her mother and she herself have medical conditions covered under FMLA. She misses work on a regular basis. She is a hard worker and does a relatively good job when she is here. It is difficult to say "if it weren't for..." she would be an even better job. We haven't really had the opportunity to witness that. What are our options? Can we base any decision on her attendence? Any input would be greatly appreciated.

HRinFL

This is not an FMLA issue, eve though the ee is covered under FMLA. The issue would be FMLA if she was out on an approved leave, was "up" for the next promotion, or had interviewed and was selected for the position, while on this leave. Then the ee would have to be offered the position and would be able to start when she returned. You cannot disqualify someone that is qualified for a position because of the FMLA issue.

This is a question of the impairment the ee has. Is it a temporary condition? What is the probable duration? It appears to be intermittent, so she may have been "on" FMLA for sometime, either not reaching her hours available or being able to stretch it until the 12 month calendar starts again. If it is temporary, and you would have offered the position if she was not on FMLA, then offer it to her. If there is no end in sight for her leave and you can show it is a hardship (I really see this as more of an accommodation issue) then don't. It is all a moot point if she is not the best qualified candidate. Have your documentation in place with why she isn't and offer it to the most qualified person.