introductory period

stellad · July 2004

we have an employee who has not passed her 90 day introductory period, she has been making many errors and we had decided to terminate her, but now has called in sick stated her mother has had a stroke and she is taking care of her. when she comes back can she still file for fmla she has been absent for 2 days now. even though she is still on introductory? thank in advance

ray a · July 2004

To qualify for FML and ee must be there at least one year. She does not meet that qualification.

Don D · July 2004

Another point to consider is this: Even if she had worked 1250 hours and had been there a year, if her termination was in the works or being moved forward already, regardless of her being out, even if she wants and qualifies for FMLA, the termination will/should still stand.

stellad · July 2004

thanks you for you help
stellad

Elle · July 2004

Stellad: I don't mean to have you reconsider your choice of terming the employee, but have you thought about the fact that maybe she is making errors b/c of her mother's experience (stroke)? I'm not sure, I would try to look for some sort of performance pattern, and if it appears that she is a poor performer no matter what the circumstances are than terming her is probably your best choice. But it may be she is performing poor due to the circumstance she is in.

I would definitely evaluate the issue 100% through before making a decision. Taking care of her mother after a stroke is not something light or easy to deal with.

Good luck.

stellad · July 2004

She's inputs data, and her ratio of errors was high compared to the other billers, this had been discussed prior to her absence, but then this happened. I was just preparing myself just in case when indeed we terminated her she could not come back and get us on fmla issues.
thanks

introductory period

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