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FMLA
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
An employee has been out of the office on FMLA due to complications with pregnancy. Her twelve weeks are up, and she does not intend to come back to work for at least six months, however we are hesita
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FMLA
posted at 7/6/1999 2:45 AM EDT
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Posts: 1
First: 7/6/1999 Last: 7/6/1999 |
An employee has been out of the office on FMLA due to complications with pregnancy. Her twelve weeks are up, and she does not intend to come back to work for at least six months, however we are hesitant to terminate her as this would end her disability benefits. By allowing her to stay on as an employee are we setting a precendent that would prevent us from adhering to the 12 week guidelines with another employee in the future? |
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FMLA
posted at 7/6/1999 8:38 AM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
Probably. If the only reason you would not terminate her is so as not to end her disability benefits, you would be hard pressed to turn someone else's benefits off without raising questions: "Why her, and not me?" especially if the next requestor is in a protected class.
Check with your state regs to make sure she isn't entitled to further protection because of the pregnancy complications, and there is nothing that says you can't extend her additional benefits, but you'd have to be prepared to face a challenge in the next instance. If you turn the extension into a discretionary benefit, you may be in for some problems. Why not run your intentions by your company's attorney - let him/her tell you how defensible your position is. |
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FMLA
posted at 7/11/1999 8:41 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
Essentially, the question here is what your benefits policies are. Jim is correct that you could run into problems if you treat another employee down the road differently from this one, particularly if the circumstances would permit that employee to argue that your motive was discriminatory in some way. Of course, the present employee is also entitled to the full advantages of your benefits policies-- particularly if those policies grant benefits more generous than required by FMLA. In short, you are free to set your benefits for FMLA-type leaves as you wish (so long as you give no less than the benefits FMLA requires); you must then apply that policy consistently. If you don't know whether your state imposes additional obligations, ask your legal counsel. |
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FMLA
posted at 7/12/1999 6:36 PM EDT
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Posts: 399
First: 6/21/1999 Last: 9/14/2005 |
Are you absolutely sure that terminating her will end her disability benefits? Our disability policy continues after termination - we have one woman who's been terminated for almost a year and she's still getting her disability benefits. In fact, we're closing the company down and her benefits will continue. Our disability carrier is taking the position that having accepted the claim, they continue to be responsible for her until her disability ends. Period. If you have not already done so, double-check with your carrier. |
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