Should we terminate?
dwitt
26 Posts
Background information:
Due to excessive absences and lates, an employee had reached the point in our Attendance policy to receive disciplinary action. Employee was tardy 12/6/05 and the consequence was a 3-day suspension. The employee (per policy) was then placed on 90-day probation which stated any occurrence of absence or tardy would result in termination. Probation period was also stated on the notice to be 12/6/05 through 3/8/06 (employee was provided a copy).
The employee called in on 3/8/06 and stated that she was at the hospital and would be late. When asked if she was ok, she stated that she was, but just had to take care of something.
My questions:
1. Does FMLA protect her for those couple of hours late?
2. The company made an error on the 90-day probation period. It should have been 12/6/06 - 3/6/06. Does it matter that it was actually 92 days of probation, not 90? We provided the employee with the notice so she was aware of the end date.
The employee came in to work late 3/8/06, and inquired with her supervisor as to when she would be terminated. Also, she has been late to work 3/9, 3/10, and 3/13 (probably because she believes that she will be terminated, and it doesn't matter to her anymore).
Payroll and attendance record keeping is processed today 3/14/06. We need to decide what to do with this employee.
Any thoughts would be greatly appreciated!
Due to excessive absences and lates, an employee had reached the point in our Attendance policy to receive disciplinary action. Employee was tardy 12/6/05 and the consequence was a 3-day suspension. The employee (per policy) was then placed on 90-day probation which stated any occurrence of absence or tardy would result in termination. Probation period was also stated on the notice to be 12/6/05 through 3/8/06 (employee was provided a copy).
The employee called in on 3/8/06 and stated that she was at the hospital and would be late. When asked if she was ok, she stated that she was, but just had to take care of something.
My questions:
1. Does FMLA protect her for those couple of hours late?
2. The company made an error on the 90-day probation period. It should have been 12/6/06 - 3/6/06. Does it matter that it was actually 92 days of probation, not 90? We provided the employee with the notice so she was aware of the end date.
The employee came in to work late 3/8/06, and inquired with her supervisor as to when she would be terminated. Also, she has been late to work 3/9, 3/10, and 3/13 (probably because she believes that she will be terminated, and it doesn't matter to her anymore).
Payroll and attendance record keeping is processed today 3/14/06. We need to decide what to do with this employee.
Any thoughts would be greatly appreciated!
Comments
She was fine throughout the 91 1/2 days then on the last day starts attendance issues again.
I would Terminate as noted in your attendance policy.
If she is able to abide for those 92 days why not for the remaining 273 days of the year.
1) Simply going to the hospital does not automatically protect someone under FMLA UNLESS there is a serious health condition that is involved. Since she returned to work later that day, I would think that there wasn't anything seriously wrong with her and would apply the attendance policy.
2) The information that was provided on the paperwork for the probation would stand. She was aware of what the expectations were and chose to not follow them irregardless of whether it was 90 or 92 days.
When you add together the previous problems with her attendance, the fact that in all probability her visit to the ER was not FMLA covered, PLUS the fact that she CHOSE to be tardy three days in a row, I would believe that termination would be the best route.
This makes it even "safer for you".
Ellen
PS Terminate. Make sure documentation in order so that you can fight unemployment.
E Wart
:-)
My $0.02 worth,
The Balloonman