FMLA expiration
rroberts
34 Posts
I'm questioning myself on this. Pregnant employee went on FMLA in August because doctor said she could not perform her duties. FMLA will expire in a couple of weeks and she has not had the baby yet. Does she get any extension for the birth of the baby or is her FMLA expiration date the end of leave for her?
Thanks
Thanks
Comments
Sounds cold and heartless, and she probably won't like it, but that's business. FMLA's protection moves to the employer after 12 weeks and gives you the chance to fill her position if necessary to get the work done.
thanks, that's what I thought. And you're right,when I tell her the 12 weeks have expired we will be the heartless, cold, uncaring employer.
Our shop will allow additional leave without pay of up to 90 days depending on circumstances. Perhaps this sort of leave will get you where you would like to go.
Best wishes, and by all means, offer Cobra as well as any other perks of being employed at your company. The expiration of FMLA doesn't necessarily mean her employment 'has' to end. Just don't use this case to set a new precedent.
We have multiple state locations, so our CA office is always a bit different, but we always follow the law of each state (or go beyond as noted below).
Our general company policy allows 6 months of medical leave (if the employee has been employed a year), regardless of the medical condition. After that, the employee is terminated with a rehire status, if a position is available once he or she can return.
If you do any extensions, be prepared for them in the future. Our county allows a 1 month extension w/ recert and a positive return date. An EE who is unable to return due to health reasons, is considered resigned, but eligible for rehire.
Good Luck!