That seems to be a sticky situation. I don't think you can terminate her
because her leave expired. If she wasn't in contact with you, you could
terminate her for job abandonment. As far as I know you don't have a
responsibility to initiate conversations with her to find out what her plans
are. You also are required to give her the same position, same pay, etc.
You may cause not to bring her back since she can only work 4 hours, she may
not be able to complete the same job she had prior to the leave. However,
it's her responsibility to let her employer know when she is returning to
work. Check this site out. It lists the employee's responsibility:
http://www.elaws.dol.gov/fmla/wren/er.htm
<http://www.elaws.dol.gov/fmla/wren/er.htm>
Robin
Hi All!
I know this site is more for payroll, but I know we have some HR/Benefits
people out there!!!
I have an employee who is threatening to sue us. Here's the story. This
employee was out on FMLA for 12 weeks, and could not come back to work
full-time at the end of the 12 weeks. We terminated her based on the fact
that her 12 weeks were up. This all happened on a Thursday. On Monday she
decided to show up to work with a doctor's note stating that she could work
4 hours/day. We tried to explain to her that she was terminated because her
leave had expired. Now, a week later her doctor has released her to
full-duty. She is threatening to sue us because we won't reinstate her
employment. Based on all the problems we have had with her in the past, we
do not want to bring her back. Based on my knowledge of FMLA, we as an
employer are within our rights to terminate her employement based on the
fact that she did not come back within 12 weeks. She is claiming that we
did not communicate with her that her time was up, and she is going to sue
us. I though once they extended their leave past the 12 weeks, we do not
have to keep them on. Any thoughts?
Thanks!!!
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