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Termination for exceeding FMLA
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Termination for exceeding FMLA
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I have an employee who is on maternity leave but has now exceeded her 12 weeks of FMLA(as she needed intermittent leave during the pregnancy). We are at the point where we would normally terminate any
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Forums » Topic Forums » Legal Forum » Termination for exceeding FMLA
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Termination for exceeding FMLA
posted at 12/22/2009 8:49 AM EST
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Posts: 11
First: 1/11/2007 Last: 6/29/2011 |
I have an employee who is on maternity leave but has now exceeded her 12 weeks of FMLA(as she needed intermittent leave during the pregnancy). We are at the point where we would normally terminate any other employee who exceeded 12 weeks, but there is concern that she has additional protection under the PDA (Pregnancy Discrimination Act) due to childbirth. Can someone help me understand what our legal obligations are to this employee? |
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Termination for exceeding FMLA
posted at 12/22/2009 11:19 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
What precedent has been set for other employees using FMLA for reasons other than pregnancy? Under the PDA, you need to treat the pregnancy as you would any other illness.
If you would terminate someone else who went passed the 12 week FMLA-protected mark you should be okay. But if you have given others more leave, then you would need to give her more leave. The other thing to ask is how much more time does she NEED? If it is just a week or two, I would strongly consider keeping her. If it is months, then you could make the business cass that it isn't reasonable. If you have given any other type of leave, outside of FMLA, you would also need to consider that. |
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Termination for exceeding FMLA
posted at 12/23/2009 3:00 AM EST
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
Let me start with don't let fear of litigation paralyze you into inaction.
Now, if in fact you have treated any other employee with a serious health condition in a manner that you wish to do with this employee then as rrupert states you should be okay. Understand that doing this may not stop the person from seeking some course of legal or regulatory relief. That is their right and as always defending your position remains a cost of doing business. |
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