FMLA or Problem Avoidance

MNJane · August 2003

We have recently had several employees who have requested FMLA with the knowledge that they were very close to failing to meet performance goals and were at risk of termination. For example, one employee requested FMLA on day 29 of a 30 day action plan that was likely going to result in his termination by the end of the week.

Other than challenging the physician certification with a second (and possibly third) opinion, does anyone have any ideas on how to deal with this? I know we can continue to hold the employee responsible for his performance when he returns from leave but management is understandably frustrated with the situation.

LindaS · August 2003

If you have solid documentation that the employees were going to be terminated BEFORE they requested FMLA, going out on FMLA does not "save" their job. Deal with them the same as you would any other employee unless their FMLA condition may be a contributing factor to their performance.

MNJane · August 2003

I agree that going out on FMLA does not "save" the employee's job. However, the termination decision had not been made yet as there was still one day left on the 30 day performance plan. Once the employee returns to work, we will pick up where we left off but will likely have to extend the 30 day plan for some time period. We also have our hands somewhat tied until the employee returns from leave.

Balloonman · August 2003

I would look at the first day back as the 30th day, evaluate their previous performance and terminate if that is appropriate assuming documentation is in order. That or just because they turn in the request on day 29 does not mean you have to rule on it that day unless they are saying they will be out.
My $0.02 worth.
DJ The Balloonman

FMLA or Problem Avoidance

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