FMLA-never returning to work
robinhrgirl
28 Posts
[font size="1" color="#FF0000"]LAST EDITED ON 11-06-03 AT 12:08PM (CST)[/font][p]Same employee I questioned job-posting on does not plan to return to work. She originally turned in her resignation with a two week notice, with intent to go on FMLA. Not knowing that her termination would also terminate her benefits, she has since retracted her resignation.
At the time of the Request for Leave this employee had 104 sick days accumulated and 15.5 vacation days available.
On the FMLA Request for Leave form she states under the return to work date, "Will not return." Her physician certification states "Indefinitely."
If she is employed she maintains her ability to apply for long-term disability after 180 continuous days of disability. Her plan is to collect all of her above listed accumulated time and hopefully be granted disability through either SS disability or KPERS (Kansas Retirement).
Our attendance policy addresses excessive absences (being gone more than the 10-12 days alotted per year) as resulting in disiplinary action up to and including term. Our FMLA policy states that if an employee fails to return to work on agreed upon return date, the district will assume the employee has resigned and allows the employee to collect sick leave and/or vacation during absence. Our sick leave policy states that sick leave benefits are intended soley to provide income protection in the event of illness or injury and may not be used for any other purpose.
My opinion is that we are only obligated by FMLA to protect the employee's job during the 12 weeks and therefore only obligated to pay her sick leave during that time. If the 60 days ends, and her doctor maintains that she is not able to work, I think we should terminate her employment and not continue her paid leave. However, if we do that she is no longer eligible for the long-term disability. I want to treat this situation as fairly as possible, but I think we run a risk of setting a precedent if we pay out the remainder of her sick leave and keep her on staff. We have a large number of employees who have accumulated/maintained 100 sick days (we pay small figure every year for anything over 100).
Any advice would be greatly appreciated!
At the time of the Request for Leave this employee had 104 sick days accumulated and 15.5 vacation days available.
On the FMLA Request for Leave form she states under the return to work date, "Will not return." Her physician certification states "Indefinitely."
If she is employed she maintains her ability to apply for long-term disability after 180 continuous days of disability. Her plan is to collect all of her above listed accumulated time and hopefully be granted disability through either SS disability or KPERS (Kansas Retirement).
Our attendance policy addresses excessive absences (being gone more than the 10-12 days alotted per year) as resulting in disiplinary action up to and including term. Our FMLA policy states that if an employee fails to return to work on agreed upon return date, the district will assume the employee has resigned and allows the employee to collect sick leave and/or vacation during absence. Our sick leave policy states that sick leave benefits are intended soley to provide income protection in the event of illness or injury and may not be used for any other purpose.
My opinion is that we are only obligated by FMLA to protect the employee's job during the 12 weeks and therefore only obligated to pay her sick leave during that time. If the 60 days ends, and her doctor maintains that she is not able to work, I think we should terminate her employment and not continue her paid leave. However, if we do that she is no longer eligible for the long-term disability. I want to treat this situation as fairly as possible, but I think we run a risk of setting a precedent if we pay out the remainder of her sick leave and keep her on staff. We have a large number of employees who have accumulated/maintained 100 sick days (we pay small figure every year for anything over 100).
Any advice would be greatly appreciated!
Comments
I'll take corroboration or disagreement, just give me something, please.
It seems this EE is really trying to work the system, but may have blown it by the way they went about it. At least there is a bit of honesty with their intentions, but I think I would try to fight this one. She is shamelessly trying to take advantage of the situation. I cry foul!
My $0.02 worth.
DJ The Balloonman
Regardless of wheter she premeditated this plan on her own or with assistance, I think it's so blatant that we should cut her loose no later than the end of her FMLA.