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FMLA/Moved

rrobertsrroberts 34 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
I have an employee on FMLA who found out he is
terminal. He is moving out of state to live with his family. His doctor certification says he probably will not return to work. Is he still entitled to remain on FMLA until the end of his 12 weeks or can we terminate because he is moving out of state?
Thank you
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  • 6 Comments sorted by Votes Date Added
  • NaeNae55NaeNae55 3,243 Posts
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    "probably not return to work"???? You need clarification. If the employee will not be returning to work you should terminate.

    Is this employee covered under your health plan? If so, the doctor may have worded it this way so he can continue to have employer paid health coverage.

    This is a bad situation. Your accounting department will want you to term the employer paid expense as soon as possible. Your employees (and your heart) will want to help this employee who already has enough to deal with. You need to follow your procedures and precendents.

    Good luck!

    Nae
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  • rrobertsrroberts 34 Posts
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    The employee came in today and said his doctor told him with treatment he could be better. He is still moving out of state. So I believe we should honor the 12 weeks, don't you?
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  • marcmarc 3,126 Posts
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    No.

    The employee must intend to return to work for FMLA to be activated.
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  • RockieRockie 2,136 Posts
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    If an employee is moving out of state to be with his family, that pretty much tells you he does not intend to come back to work. I would not designate as FMLA.
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  • E WartE Wart 719 Posts
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    playing the devil's advocate here. How do you know that he isn't moving out of state to be with family during treatment, but will be coming back home (where there is no support) once treatment completed?
    E Wart
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  • TotoToto 86 Posts
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    That thought was running through my mind, too. Sorry that I’m also late in responding. And out of state could just be a couple miles away or near a specialized medical facility to provide specific treatment. You didn’t provide enough detail, Rita and there are a few cases of terminal EEs returning to work. Like Nae said, “You need clarification & to follow your procedures and precedents.”
    Since it’s been a couple weeks since your post, did you already handle this?
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