Hurricane Katrina - Post Traumatic Stress

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I have a General Manager who was responsible for a New Orleans hotel during Hurricane Katrina. She endured several days of very stressful conditions - the storm itself, some tornado damage to the building, flooding which drove all guests and staff to the upper floors of the hotel after the levies gave way. On top of that, some thugs in the hotel took over, stole from staff and guests and threatened her at gunpoint. Law enforcement (basically non-existent) and evacuation assistance were slow in coming and it was Wednesday before she and the final two staff members were airlifted off the roof of the hotel. Compounding the trauma is the fact that she lost her home, her car, and literally everything but the clothes on her back. (About 85% of our employees lost their homes and all their possessions).

She initially indicated that she didn't want to do this type of work any more and that she did not plan to come back. We asked her to take some time to think about it as we did not want to lose her as an employee. We did not place her on leave since we have continued her salary temporarily and are paying her health insurance premiums.

The employee called me today to inquire if she was eligible for worker's comp as her doctor (she is getting psychological counseling)says she is disabled to work at this time due to mental illness. (She understands that the company is financially stressed due to losses during the storm and will not be able to pay her salary and insurance indefinitely).

Obviously this is new turf for all of us in HR in New Orleans - should I put her on FMLA leave and continue to pay her health insurance. Our WC carrier says that her condition is not covered under Louisiana WC because there was no physical injury. Unfortunately disability insurance is not in our benefits package (we're quite small).
We've never had a similar situation so it is difficult for us to determine how long we should continue to pay her salary.

Any suggestions - we want to do the right thing both legally and ethically.

Gillian3

Very difficult. Yes, you should put her on FMLA. You should then decide what your company policy will be. You could decide to pay the health insurance, but remember that doing that may open the door for more to expect that you will do that for them. You might want to suggest, and perhaps pay for, mental health counseling, but I expect that it might be hard to find counselors who have openings given the extent of the tragedy.

Cheryl S SPHR

I would probably get the FMLA paperwork, including the doctor's certification, before making any decision on whether this person is covered by FMLA. Don't assume the condition nor the employee qualifies until you have checked all the facts.

Regarding work comp -- you can file the claim and your company will decide if this is a covered work related injury.

Perhaps other employers in that area are having the same or similar situations? Any advice from the HRHERO staff? You might want to check with SHRM if you are member of them as well.

Good luck -- I only hope I never have to face what you all have been through.