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FMLA HELP
Benefits & Compensation
FMLA HELP
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
have been doing HR for a small company for about 9 years now. I have only had three employees request FMLA the entire time I have worked here. I am currently in a situation that is so completely frust
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FMLA HELP
posted at 7/20/2010 1:57 PM EDT
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Posts: 1
First: 7/20/2010 Last: 7/20/2010 |
have been doing HR for a small company for about 9 years now. I have only had three employees request FMLA the entire time I have worked here. I am currently in a situation that is so completely frustrating I could explode, and I can't seem to find an explanation anywhere! One of our employees was involved in a car accident back in Nov. 2009. Her injuries prevented her from returning to work (she is a nursing assistant in an assisted living home for the elderly). The employee formally requested her 12 weeks of FMLA leave beginning Nov. 19, 2009. She provided me with monthly notes from her doctor stating she was unable to return to work. Although her FMLA protection was exhausted around Feb. 11, 2010 I kept her status as employed hoping she would be able to return. Several more months go by and around June we hire a few CNA's in the building the employee used to work in. About a week after hiring, I get a call from this employee telling me she is released by her doctor. By this point, however, we don't have a position available for her. She requested a letter stating the date she was formally taken off payroll. A week later I get something in the mail from the Department of Labor saying she is being granted unemployment insurance. I TOTALLY DO NOT UNDERSTAND THIS. Our company followed FMLA guidelines, even went above and beyond them for this person. We were WELL within our right to terminate her, so how can she win unemployment??? If someone can't return to work after exhausting 12 weeks of FMLA, what do we as an employer do? If we let them go, will they be granted unemployment? What other options do I have if this situation comes up again? My company HATES paying unemployment. They hold me accountable for making sure people are terminated for cause and will therefore not be eligible for unemployment benefits. Please help. Also, I am in the state of Georgia if that makes a difference. Thank you. |
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FMLA HELP
posted at 7/20/2010 3:24 PM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
If you had terminated at the end of 12 weeks when she was still unable to medically work, she would not have gotten UI at the time and then until she was medically able to work. The fact of timing doesn't matter at this point. Because as long as she has worked in the last period of time required (usually something like the lookback 4 quarters( and she now is able to work, in most states she would qualify for unemployment at that point.
You might be able to argue that it was a voluntary separation. The argument would be stronger if you had sent a letter at the end of the 12 weeks FMLA protected leave...that stated that her inability to return to work was considered a voluntary termination. But depending on your state even then, which I don't recall if you mentioned, it could go either way. Unfortunately sometimes employers can't avoid unemployment claims...it's just one cost of doing business. |
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FMLA HELP
posted at 7/20/2010 5:00 PM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
I would add that some states are more generous with benefits than others. In California, if you do a disciplinary process right, the EDD can be very employer friendly. In Colorado, a bunch of socialist hippies are UI judges (or so it seems) - you get so you don't even bother to appeal decisions.
But that said, your mistake was in being nice. As they say, the road to hell is paved with good intentions. rrupert is right in that in this case there was probably nothing you could've done about it - you were probably going to get stuck with a UI bill at some point. |
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