No leave time left

freyh8

[font size="1" color="#FF0000"]LAST EDITED ON 04-21-05 AT 09:37AM (CST)[/font][br][br]Have an ee who just returned from 12wks + 2days of FML in February for a knee replacement. She has no sick time left and 1 wk of vacation left. She suffered a heart attack on Tuesday night, they put in a stent and she will be released from hospital Friday. Doctor has advised no driving for 2 weeks, and so she is unable to come into work. If we require her to use 4 vacation days this week to cover absence, then our attendance policy kicks in and it's termination after 8 days. this ee has been with us for 12 years. We've never had this situation before - help

marc

Well you can consider a catastrophic leave policy or just an ordinary leave of absence policy.

We have both. One allows other EEs to donate qualifying time (in our case only vacation time can be donated) to an EE in need, subject to the approval by appropriate level personnel.

Or you can adopt a leave of absence policy, again subject to appropriate level approval, that can grant up to xx days leave without pay. We go up to 90 days, but usually 30 days is all we allow - just depends on circumstances.

We protect jobs, if possible, but do not promise it.

freyh8

Our current policy states that "if an ee is out for a period of 26 weeks or more due to std or ltd or wc, their employment will be discontinued, this is inclusive of the FMLA. My concern is that she is now without FML protection, and soon-paid time off. We do not have any programs to donate paid time off, and her absences will be counted against her according to our attendance policy and then she is termed

marc

OK. I gave you a couple of ways to change your policies - which it looks like you have to do if you want to keep theis EE. If not, then follow your policies and continue with the term.

I don't wish to be harsh, but I don't think you can have it both ways.

Kiwi

Maybe a relative or co-worker would be willing to drive her to work during the 2 weeks she can't drive herself?

LindaS

Maybe I'm missing something but I think you answered your own question. You state that your policy gives people up to 26 weeks off but she has only been off for a little more than 12 so she should have approx. 13 weeks left, although she no longer has the FMLA protection.

Since our STD provides for up to 26 weeks of payment we work on the premise that the EE has up to 26 weeks of time off, although not all FMLA. What we do is after the EE is out of FMLA they are first placed on COBRA (or offered COBRA). Then the EE is informed that, while they are on approved leave of absence, we cannot guarantee that they will come back to their original position. In this instance, even if you began the search for the EE's replacement you probably won't have one before she can return so you may want to go ahead and just approve the leave and not bother with the search for a new EE but if it were going to be a longer absence, we inform the EE that we cannot guarantee that they will return to their previous position but if they are able to return within the 26 weeks they will be placed in a vacant position to which they are qualified.

HRinFL

[font size="1" color="#FF0000"]LAST EDITED ON 04-21-05 AT 04:45PM (CST)[/font][br][br]I agree with Linda, we have a similar policy. I also noticed that you give 26 weeks, but the ee has not exhausted that time. Why would you have that provision if you count time after FMLA expires against your attendance policy?

Our Disability Leave is meant to mirror FMLA, with the exception that it is only for an ee's OWN serious health condition and that they are not guaranteed to return in the same position. Most do not use all of the additional twelve weeks and are able to return to their former position, some exhaust this leave. Once it is exhausted, an ee that does not work for 30 days is administratively separated.

I would formalize how you address issues that are either not FMLA qualifying and/or those situations when an ee exceeds the time limit for FMLA, as they pertain to the remainder of the 26 weeks in your policy. It will help you and management consistently administer the policy, as well as clarify qualifying events for ees.

pork1

FREYH8: In our FMLA policy the last day of the FMLA is set and everyone involved are held to that date. That does not stop us from using our re-hire policy two days later and put this employee back to work. Thus, we remain constant with our termination policy as specified in our FMLA letter.

Our medical coverage premiums have been taken out on the policy on the first day of the new month from our medical leave policy, therefore, the premiums may have been paid up for the month for this individual, but we may not be able to collect from this employee, because there would be no "pay due". However, our last opportunity is to accept that this person is in need of the utilization of our PERSONAL LEAVE OF ABSENCE POLICY, which stipulates that we can authorize an employee up to 6 weeks of PTO without pay, they simply must be willing to pay the medical premiums up front in advance. This would get her back to work upon release.

That being written as to the options to "skin" this situation I would be in close contact with the owners, because there are some "hidden opportunities" to "fail" and make the wrong call for or against this employee and her family. We want to do all that we can for this good employee, but are torn with the potential risk for medical plan cost, which is self insured and all cost are borne by the members of the plan, after the fact. Are we doing right by this individual and all other employees? It is our decision to make "our call", but the employee members ultimately bear the burden of our expenses to a self insured plan premium payment.

I look forward to reading other post on this thread. A great learning experience is upon us!

PORK

freyh8

Thank you Pork!

Golf

We would look at our core values and the one that would apply in the case would be “We strive to do the right thing”. In our culture we would make an exception to the policy feeling that the last thing an employee needs after enduring the knee replacement and heart attack would be to lose her job.