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FMLA and Unemployment
posted at 4/2/2013 10:31 AM EDT
on Workforce Management
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Posts: 22
First: 11/15/2011 Last: 4/12/2013 |
I have a pregnant employee who was in a serious car accident. She has been on FMLA due to her injuries. She will only have another 2 weeks of FMLA left when her baby is born. If she cannot come back to work at that time, can we terminate her? Also, would she be eligible for unemployment? |
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Re: FMLA and Unemployment
posted at 4/2/2013 12:15 PM EDT
on Workforce Management
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Posts: 222
First: 9/29/2011 Last: 5/15/2013 |
Technically, you probably could terminate her. However, because this is a pregnancy there might be a more generous PDA (Pregnancy Disability Act) involved depending on what state you're in. And you have to make very very sure that you would do exactly the same (eg terminate) for any other illness/injury. |
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Re: FMLA and Unemployment
posted at 4/3/2013 4:46 PM EDT
on Workforce Management
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Posts: 222
First: 9/29/2011 Last: 5/15/2013 |
No, it's not just you Rick. It's a heart wrenching situation for sure. Aside from the poor employee's situation there are other aspects that must be considered. Key amongst those is what kind of precedent the company is going to be setting by extending the employee's FMLA eligibility/job protection. Do it for one, you have to be prepared to do it for all or you can certainly be on the receiving end of a lawsuit when you don't extend FMLA protections to subsequent seriously ill employees. A rock and a hard place situation for the employer. Is there a welfare responsibility of employers to employees? Technically, the answer is "no" beyond whatever is legally required. Morally, that question has been debated often over the years and wrestled with by many HR leaders who've had to deal with situations like this. The company can adopt a policy that will grant more job protection than the 12 weeks afforded by FMLA. But it will have to be applied consistently to all and there may be some susbstantial business consequences of doing so. |
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Re: FMLA and Unemployment
posted at 4/5/2013 10:48 AM EDT
on Workforce Management
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Posts: 22
First: 11/15/2011 Last: 4/12/2013 |
It is a tough situation. I am concerned about setting a precendent. This person's position is such that not having her at work is disruptive to the company. I do not want to be insensitive to her situation, but on the other hand have to manage the situation. |
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Re: FMLA and Unemployment
posted at 4/5/2013 4:38 PM EDT
on Workforce Management
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Posts: 216
First: 9/20/2011 Last: 5/15/2013 |
Really? This is a hard decision? All positions are disruptive when left vacant for long periods of time. Key questions for me are: 1. What have we done for all other folks that have exhausted FMLA leave? 2. If this was an executive who exhausted their FMLA leave would we terminate immediately? 3. Is this an administrative position? Hire a temp! hard to defend as disruptive. 4. If this was a man who had a car accident and he just ran out of FMLA, would you terminate? 5. You only mention FMLA. Is there a sick leave policy that would cover this as well? Does she have remaining vacation time she can use? If I had to guess, this is just an excuse and the real issue is that this was a marginal performer, poor performance undocumented and the failure to return right at the end of FMLA is just a cover for the manager to hide behind. Don't take the bait. Stay firm and tell them this just not how we operate or the kind of work environment we want to be known for. We want to be known as tolerant with regard to pregnancy complications and if there are performance issues we document and use performance plans to correct. Just sayin'............ |
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Re: FMLA and Unemployment
posted at 4/9/2013 1:57 PM EDT
on Workforce Management
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Posts: 3
First: 3/5/2013 Last: 5/1/2013 |
Amen, Howard7. Do everything necessary to support and retain great performers. And provide substantial feedback so that every employee is a great performer. Or fired. Don't hang onto people who aren't assets to your business. But when they are, keep them through thick and thin. Heartless indeed. It would be equally heartless if someone had multiple heart attacks, or surgical complications, or cancer recurrence, etc., etc., and you wanted to terminate because they stopped neatly fitting into your leave policy. Which is, basically, a random number Sure, it's a little disruptive. So is a total lack of employee loyalty because they know you'll get rid of them if they show a little too much human frailty. Training someone new and bringing them up to speed is disruptive. Especially since they might prove less capable and/or less loyal than the one you just fired. Way less disruptive, though, than someone who is already stretched to the limit of their resources, now having to figure out how to afford their entire health insurance bill out of pocket while unemployed; and how to find a new job while sick, injured, or with a new baby. Executives without empathy. Gotta love 'em. |
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Re: FMLA and Unemployment
posted at 4/10/2013 2:40 PM EDT
on Workforce Management
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Posts: 1
First: 4/10/2013 Last: 4/10/2013 |
In Response to FMLA and Unemployment: I have a pregnant employee who was in a serious car accident. She has been on FMLA due to her injuries. She will only have another 2 weeks of FMLA left when her baby is born. If she cannot come back to work at that time, can we terminate her? Also, would she be eligible for unemployment? Posted by Alayman You should check your state laws to see if there is any additional time allowed for maternity leave. In TN, maternity FMLA can last up to 16 weeks. |
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Re: FMLA and Unemployment
posted at 4/10/2013 2:43 PM EDT
on Workforce Management
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Posts: 3
First: 1/4/2012 Last: 4/10/2013 |
Here is an example of how the company I work for handles an employee who becomes disabled: He/she last worked 12-27-2012. Eligible for Long Term Disability benefit payments 03-28-2013 (91st day of disability. On 03-28-2014, the employee will have been receiving LTD benefit payments for 12 consecutive months if he/she does not return to work at our company. On 03-28-2014, our company records would show 03-28-2013 as the date of record of his/her official separation/termination of active employment. DF
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Re: FMLA and Unemployment
posted at 4/10/2013 3:45 PM EDT
on Workforce Management
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Posts: 1
First: 4/10/2013 Last: 4/10/2013 |
I wouldn't jump on the bandwagon of this company being insensitive, or that the employee is a marginal employee - this could just be a small company where having even one person out is fairly disruptive - not every position can be covered by a temp, and in the interest of treating everyone the same, sometimes, being overly generous can come back to bite you. |
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