FMLA Expired
HR rosie
16 Posts
We have an EE who has been employed with the company for about 8 years. During his tenure, he has not exactly been a model employee and probably should have been fired at some point.
EE went out for emergency surgery in February, which involved many serious complications, including a major infection. Unfortunately for him, he had never enrolled in our STD/LTD plan and was financially strapped. At the beginning of May, EE's doctor provided a return to work release with restrictions that we could not accommodate. This EE works in our fabrication shop, unloads trucks, drives truck & fork lift, lifts and carries materials on a regular basis, all in a not-so-clean work environment. Resrictions were no lifting, no standing, no walking, no driving. The docotr recommended a desk job. Since we were unable to accommodate his restrictions, he filed for and was awarded unemployment benefits.
Yesterday, his FMLA expired. His next follow up visit with his doctor is not until 5/30. Given the nature of his complications, we doubt very much he will be released to full duty at that time. His manager wants to terminate him since his FMLA has expired.
I understand that EEs who are unable to return to work and have exhausted FMLA, no longer have FMLA protections of leave or job restoration.
Here is what I am not sure of: How will the return to work with restrictions we could not accommodate affect us if we terminate him? Technically, he was released to work. I've never been in this situation before, and just do not have a good feeling about this.
Before I proceed any further, I thought I'd turn to the Forum for some input.
Thank you.
EE went out for emergency surgery in February, which involved many serious complications, including a major infection. Unfortunately for him, he had never enrolled in our STD/LTD plan and was financially strapped. At the beginning of May, EE's doctor provided a return to work release with restrictions that we could not accommodate. This EE works in our fabrication shop, unloads trucks, drives truck & fork lift, lifts and carries materials on a regular basis, all in a not-so-clean work environment. Resrictions were no lifting, no standing, no walking, no driving. The docotr recommended a desk job. Since we were unable to accommodate his restrictions, he filed for and was awarded unemployment benefits.
Yesterday, his FMLA expired. His next follow up visit with his doctor is not until 5/30. Given the nature of his complications, we doubt very much he will be released to full duty at that time. His manager wants to terminate him since his FMLA has expired.
I understand that EEs who are unable to return to work and have exhausted FMLA, no longer have FMLA protections of leave or job restoration.
Here is what I am not sure of: How will the return to work with restrictions we could not accommodate affect us if we terminate him? Technically, he was released to work. I've never been in this situation before, and just do not have a good feeling about this.
Before I proceed any further, I thought I'd turn to the Forum for some input.
Thank you.
Comments
Also it seems as though his manager would like to use the FMLA expiring as an excuse to get rid of a marginal employee. I am not a proponent of using the FMLA rules to get rid of bad people. The performance policies should be strong enough to deal with this situation independently.
Deal with him the same way as you would (or have done) with other employees.
I'm sorry to be confused; in my state one cannot apply/receive unemployment benefits without a termination of employment- do you mean temporary total dis. (TTD) payments through work comp?
All of our FMLA forms include a statement that allows us to "consider" an EE resigned when/if unable to return to full duties after FMLA has run through. With this resignation comes the elegibility for rehire status.
hope this helps somewhat...