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Started By
Message
Business owners or HR managers: question regarding FMLA/ADA
Posted on 4/7/24 at 5:35 pm
Posted on 4/7/24 at 5:35 pm
I have an employee who is clearly well-versed in the FMLA + ADA 6-months of paid leave, and found a psychiatrist (after several different docs) who is willing to cater to the employee's wishes. And why not, we have great insurance.
The employee's 6 month term is coming up in a few weeks. We got RTW auth paperwork from her doc, which lines out the "within reasonability" accommodations for her return to work. It's the most ridiculous thing I've read in a very long time.
We sent it to our lawyers and indicated 2 of the 37 asks are no problem, the rest won't float. We should hear back from them by Tuesday.
I've went to bat, and stuck my neck out for this employee many times because when she is on point, she's brilliant. But those times are few & far between.. and she clearly planned this 6 month, fully-paid hiatus from work and I am done.
For anyone who's been through this with an employee - reiterating that the FMLA/ADA premise was "mental health": how did it turn out? Did the employee come back to work and become productive? Did they come back at all? Did you have any legal leverage on a list of requested accommodations for returning to work?
The employee's 6 month term is coming up in a few weeks. We got RTW auth paperwork from her doc, which lines out the "within reasonability" accommodations for her return to work. It's the most ridiculous thing I've read in a very long time.
We sent it to our lawyers and indicated 2 of the 37 asks are no problem, the rest won't float. We should hear back from them by Tuesday.
I've went to bat, and stuck my neck out for this employee many times because when she is on point, she's brilliant. But those times are few & far between.. and she clearly planned this 6 month, fully-paid hiatus from work and I am done.
For anyone who's been through this with an employee - reiterating that the FMLA/ADA premise was "mental health": how did it turn out? Did the employee come back to work and become productive? Did they come back at all? Did you have any legal leverage on a list of requested accommodations for returning to work?
13
Posted on 4/7/24 at 5:38 pm to Naked Bootleg
Follow your attorneys' advice to the letter. Beyond that, good luck.
ETA: And don't discuss this with literally anyone other than your attorneys. Seriously.
ETA2: Honestly, you should just delete this thread now, just for good measure
ETA: And don't discuss this with literally anyone other than your attorneys. Seriously.
ETA2: Honestly, you should just delete this thread now, just for good measure
This post was edited on 4/7/24 at 5:40 pm
Posted on 4/7/24 at 5:40 pm to Naked Bootleg
Good luck, because you’re gonna get f^cked to some degree.
Posted on 4/7/24 at 5:40 pm to Naked Bootleg
quote:
I've went
You’ve gone.
Posted on 4/7/24 at 5:43 pm to Naked Bootleg
As a manager, you need to understand there are some people whose sole mission is to find the cleanest and clearest path to permanent disability.
We recently had someone it took an entire year to get back to the office.
Like magic, hadn't missed a beat upon returning.
We recently had someone it took an entire year to get back to the office.
Like magic, hadn't missed a beat upon returning.
Posted on 4/7/24 at 5:48 pm to Naked Bootleg
quote:
and she clearly planned this 6 month, fully-paid hiatus from work and I am done.
Correct me if I am wrong but FMLA is not paid leave. FMLA merely protects a person's employment for serious issues that warrant time away from work. Also, if a person is taking FMLA not for themselves then they have to burn all of their vacation before it can start.
I had an employee milk the system for 2 yrs (union employee) and then had a liver transplant. When he returned he worked for another 20 yrs and was one of the best employees we had including working OT burden.
Posted on 4/7/24 at 6:08 pm to Naked Bootleg
RIF
Posted on 4/7/24 at 6:13 pm to Naked Bootleg
Why are you offering 6+ months (or any extra) of paid leave? Fmla for example of a pregnant lady, she has 2 weeks of paid leave but wants 2 months off. You have to give her X amount of time off and her job back, but that doesn’t mean you have to pay her.
Also, I’m fairly certain you have to offer her a job. It doesn’t have to be the same job. This may depend on company size. But a small business for example couldn’t be left without say their only accountant for 6 months and then have the 2nd accountant come back and expect it to then have 2 accountants.
You just can’t fire someone for needing FMLA.
Beyond that, a lot of it is HR bullshite
Also, I’m fairly certain you have to offer her a job. It doesn’t have to be the same job. This may depend on company size. But a small business for example couldn’t be left without say their only accountant for 6 months and then have the 2nd accountant come back and expect it to then have 2 accountants.
You just can’t fire someone for needing FMLA.
Beyond that, a lot of it is HR bullshite
This post was edited on 4/7/24 at 6:14 pm
Posted on 4/7/24 at 6:19 pm to Naked Bootleg
This sounds more like a company policy or possibly state law issue than FMLA. FMLA only offers up to 12 weeks of unpaid employment protection for qualifying events. Since this situation is unique to your employer, I agree with the others: follow what your attorneys are saying.
This post was edited on 4/7/24 at 6:20 pm
Posted on 4/7/24 at 6:21 pm to Naked Bootleg
It is threads like this that make me think Europe really does a much better job when it comes to employing people
Posted on 4/7/24 at 7:57 pm to Naked Bootleg
Probably worked for the state or parish prior.
Posted on 4/7/24 at 9:23 pm to Naked Bootleg
FMLA is not a fully paid hiatus.
Just fire them. Tell them to take their malingering arse to the curb.
Just fire them. Tell them to take their malingering arse to the curb.
Posted on 4/7/24 at 9:37 pm to Naked Bootleg
If she's covered by an active/powerful union, you're SOL, if not, fight it. Firm counsel loves to give in on stuff like this, but they don't have to deal with the repercussions on a day to day basis.
Posted on 4/7/24 at 9:52 pm to Naked Bootleg
quote:
have an employee who is clearly well-versed in the FMLA + ADA 6-months of paid leave, and found a psychiatrist (after several different docs) who is willing to cater to the employee's wishes. And why not, we have great insurance. The employee's 6 month term is coming up in a few weeks. We got RTW auth paperwork from her doc, which lines out the "within reasonability" accommodations for her return to work. It's the most ridiculous thing I've read in a very long time.
Be careful... you may have said enough to identify the employee and she might read TD.
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