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LOA

aspen29aspen29 33 Posts
in HR & Employment Law Vote Up0Vote Down
Recently, I have joined an unionized company as an HR Manager. I have two questions for the group.

1. Before my term, in March an employee went on STD for couple of months and the ee never reported to work. Further, there was no FMLA letter was sent to the ee and remained active. Last week, the ee contacted us about the status.
I know an error occured in this case. However, what is best approach in this case? Please advise.

2.In early November, I approved LOA for an employee, who was facing domestic violence and LOA was expired on 12/02/02. So far the ee has not reported to work and not even contacted us. In these circumstances, what would be the appropriate re-course? Please advise.

Thank you.

aspen29

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Comments

  • 4 Comments sorted by Votes Date Added
  • LindaSLindaS 1,510 Posts
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    What paperwork was used to grant the 1st employee the LOA back in March? Has there been any contact with the ee since March? You say a "couple of months" but it's actually more like 9 so I would take a look at the supporting documentation regarding the leave and determine whether or not to bring him/her back. Just becase the FMLA paperwork wasn't sent out doesn't grant another 12 weeks off at this point.

    Regarding the 2nd employee, I would try to contact them to get an update on the situation. It may be that they need to have the leave extended.

    It sounds as if there aren't any definite policies in place regarding what the employee's responsibilities are regarding keeping in contact while they are out on leave. If that is the case, you need to put something together so they are aware of what they need to do to maintain their jobs.
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  • aspen29aspen29 33 Posts
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    Thank you for your valuable advise. Regarding the 2nd employee, problem is solved. The ee has reported to work on 12/8th.

    Regarding the first employee, I am fully aware that there were some "errors" occured. However, I am trying to rectify them by implementing policies and procedures in place. Meanwhile, I will be sending letter to ee explaining the
    policies.



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  • Don DDon D 9,834 Posts
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    Your dilemma is seriously complicted/impacted by the fact that there's a union in place. Unions have no interest in the company seeing that policies and procedures are in place and followed. You may not be able to do anything toward termination of these two; but, get a policy firmly in place, communicate it to the employees and union and follow it to the letter from this point forward.

    I would send both employees a certified letter, cc union, telling them that the leave they have been on expires in five days and if they are not present on that day for work, their employment will be terminated. With the first guy, I would tell him his leave was FMLA with a beginning date of (x) and an ending date 12 weeks later, specifically.
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  • Margaret MorfordMargaret Morford 1,143 Posts
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    Your leave policy should state that any employee that does not return from an approved leave of absence on the date agreed upon will be considered to have voluntarily terminated his/her employment.

    Margaret Morford
    theHRedge
    615-371-8200
    [email]mmorford@mleesmith.com[/email]
    [url]http://www.thehredge.net[/url]
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