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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 Joshjrn
quote:
And don't discuss this with literally anyone other than your attorneys
Thanks. Confidentiality was one of the only two things we can accommodate, based on her job description.
quote:
ETA2: Honestly, you should just delete this thread now, just for good measure
I thought long and hard about that. No HIPAA, not discernable details, anonymity. Just asking questions.
This post was edited on 4/7/24 at 5:43 pm
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 5:55 pm to GetmorewithLes
quote:
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.
This is correct. They’re not paid and have to burn all their PTO first if I recall correctly. I had a great employee go out on FMLA due to mental health. She came back and was great.
Posted on 4/7/24 at 5:57 pm to GetmorewithLes
quote:
Correct me if I am wrong but FMLA is not paid leave. FMLA merely protects a person's employment
Our company's policy indicates, with a physician's certification, the physician-recommended timeline (max 12 weeks) of leave is paid. Same with the ADA leave.
Posted on 4/7/24 at 6:01 pm to BeerMoney
quote:
She came back and was great
And that's the best case scenario for me. It's just that the "reasonable accommodations" are so ridiculous, I don't know what to expect. I'll update the thread as far as I can once the lawyers get back with us.
Posted on 4/7/24 at 6:03 pm to Naked Bootleg
Name of company? I need some paid leave.
Posted on 4/7/24 at 6:08 pm to Naked Bootleg
RIF
Posted on 4/7/24 at 6:11 pm to Naked Bootleg
You are handling it right. Listen to your attorney and follow what they say to the letter about the accommodations. If they aren't reasonable, you need to document why based on the essential functions of the job. We had an employee who requested reduced work hours (but full-time) pay because of her anxiety. That was not reasonable and it was denied. She eventually left, but filed a complaint with the EEOC. Fortunately, it didn't go anywhere.
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 6:15 pm to Naked Bootleg
quote:
I thought long and hard about that. No HIPAA, not discernable details, anonymity. Just asking questions.
It’s not a confidentiality issue. FMLA, similar to voluntary military deployment, have some nasty bite if they can reasonably accuse you, whether true or not, of terminating/demoting/reducing hours because of their status. It’s very, very dangerous terrain to tread.
Posted on 4/7/24 at 6:18 pm to SpaceCamp
quote:
SpaceCamp
Thanks. Sounds like a very similar situation.
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 6:20 pm to baldona
quote:
Why are you offering 6+ months (or any extra) of paid leave
I am not the business owner. The business owner may have been naive to how the policy could be exploited. I don't think that is still the case.
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 6:22 pm to Joshjrn
quote:
FMLA, similar to voluntary military deployment, have some nasty bite if they can reasonably accuse you, whether true or not, of terminating/demoting/reducing hours because of their status.
Yeah that part is set in stone. None of that can happen. And the person is guaranteed her same exact job back.
That's where it gets iffy - the list of "reasonable accommodations" essentially doesn't allow her to do her job, as defined in the job description.
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