Invitro Preganancy Probs Keeping Her Out
jfletcher
22 Posts
I am new to the company and have had this gem dropped in my lap. Employee left for leave on 4/04 to return 5/31/04. First DR's note dated 6/01/04 says EE will be back to work 06/04/04....nope, next one dated 6/3/04 DR. says EE out until 6/7/04 then return....nope, on 6/7/04 EE sends in latest Dr. note saying now out till 6/16/04. In the mean time EE calls and tells me current DR is transferring her to an OB/GYN for re-evaluation of situation and EE does not know if the new DR will keep her out. She is Admin to the Pres and he is getting a bit frosty...and way behind with her duties to his office. She filled out company LOA but request was initially for only a month and no new extension ppwk was submitted. Any words of wisdom.
Thanks,
JWF
Thanks,
JWF
Comments
THX
29CFR825.214 "On return from FMLA, an employee is entitled to be returned to the same position the employee held when leave commenced, or an equivalent position with equiv benefits, pay, and other terms and conditions of employment. An employee is entitled to such even if the employee has been replaced or her position has been restructured to accommodate the employee's absence." I doubt you have an equivalent job to the one she holds.
(edit) 29CFR825.215 "An equivalent position is one that is virtually identical to the former position in terms of pay, benefits, working conditions, privileges, perquisites (perks) and status. It must involve the same or substantially similar duties and responsibilities, which must entail substantially equivalent skill, effort, responsibility and authority."
Putting her in a light duty position does not work for PDA purposes or FML purposes. Hire a temp to do the work while she is out. Make sure the temp knows the job goes away when the EE returns to work.
Don't assume she is FMLA protected without going through the steps to make a determination.
Sticky situation -- good luck.