timing

Irie

We currently have an employee on FMLA and short-term disability. His FMLA will run out on 11/12/09 and I sent him a letter advising him of this as well as the fact that he will not have job protection beyond that time.

Our short-term disability runs for 26 weeks however, after 12 weeks we do not guarantee job protection. His 12 weeks of disability will end on 11/20/09. Bottom line is: we do not want to bring this person back.

I have never had this situation before and don't quite know how to time everything. Should we wait until his doctor returns him to work to tell him he no longer has a position or should we inform him after his 12 weeks of FMLA and disability are up to tell him we do not want him back?

My thought is, if we tell him before his 12 weeks of disability are up his doctor will extend his disability and we'll have to continue paying this guy for the total of 26 weeks.

Thanks for your thoughts.

ACU Frank

I would let him know he is terminated as soon as his 12 weeks is up. If you don't want this guy back, then the extra disability pay is probably a small price.

bethk

At our company, and it is in our handbook, if your leave is exhausted, your employment will end. I tell the managers that if there is a position available they can bring the employee back when he/she is better, with a doctor's release.

I agree with Frank (did I just say that?!?!?!) a few more weeks of paying disability for someone is a small price to pay to not have an undesirable employee.

ACU Frank

[quote=bethk;718173]
I agree with Frank (did I just say that?!?!?!)
[/quote]

[B]Don't worry... There's a lot of that going around.[/B]

joannie

Must be something we drank.O:)

ACU Frank

The more you drink, the smarter I sound.

NaeNae55

...and the better you look.



Sorry. Just couldn't resist.

ACU Frank

That's why I eliminated the substance abuse policy here... and the sexual harassment policy as well. It was a win-win!

bethk

I thought it was a given that you eliminated the sexual abuse policy since you wear no pants. :angel:

ACU Frank

Hey, there's a fine line sometimes between harassment and an employee benefit!

Nevada HR

You guys crack me up! Useful information plays only a small part in why I read these threads.

BettyBoop FL

We terminate after the 12 weeks with a letter stating that we have keep the position open for the covered 12 weeks, but it has now become burdensome to the company to continue covering that position.

Irie

I like that wording "burdensome to the company". Thank you.