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Term'ing FMLA-Ineligible via Phone
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Term'ing FMLA-Ineligible via Phone
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We have to terminate an employee that has exhausted the approved 1-month personal LOA (failed to meet the hours requirement of FMLA). The employee asked for a 2-month extension, which we cannot approv
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Forums » Topic Forums » Legal Forum » Term'ing FMLA-Ineligible via Phone
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Term'ing FMLA-Ineligible via Phone
posted at 11/11/2010 7:17 AM EST
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Posts: 6
First: 11/11/2010 Last: 4/4/2011 |
We have to terminate an employee that has exhausted the approved 1-month personal LOA (failed to meet the hours requirement of FMLA). The employee asked for a 2-month extension, which we cannot approve. We hate to term the employee via phone, and in my opinion by certified mail is worse, but we believe the employee will cause a scene in the office. Which is the lesser of the evils? Add'l advice appreciated... |
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Term'ing FMLA-Ineligible via Phone
posted at 11/11/2010 8:23 AM EST
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
I think certified mail is better than by phone - that way you have complete control over the message, and it's already documented! If you want, you could state in the letter that he/she can call you if he/she has any questions. |
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Term'ing FMLA-Ineligible via Phone
posted at 11/11/2010 9:46 AM EST
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Sorry but I must respectfully disagree. Terminations, no matter how concerned one is about someone making a scene, should be done in person.
As an alternative you could simply state that the request for an extension is denied. Give them a mandatory return to work date and time. If they do not return follow your policy regarding no-call/no-show or job abandonment and act accordingly. |
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Term'ing FMLA-Ineligible via Phone
posted at 11/11/2010 10:07 AM EST
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Posts: 210
First: 1/4/2003 Last: 7/11/2011 |
I wouldn't contact the person to come in for a face to face meeting in order to terminate their employment. It's bad enough they are losing their job, no need to waste their time.
Call the employee. Let them know you are unable to accomodate their request for additional LOA. Engage in a conversation about it. If they can return, great - make those arrangements. If they cannot, explain as clearly and nicely as possible that you cannot hold their job for them. Send termination paperwork via certified mail. Chances are, this person who has been on non FMLA LOA and wants such an extension, is fully prepared for it NOT to be approved. In that situation wouldn't they see this coming />!> |
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Term'ing FMLA-Ineligible via Phone
posted at 11/12/2010 5:15 AM EST
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Posts: 210
First: 1/4/2003 Last: 7/11/2011 |
If she is unable to return to work due to pregnancy complications, chances are it would be a hardship for her to come in for a termination conversation also! The next best thing is on the phone.
I would have information handy regarding steps to go through possible rehire. I mean, if the only termination issue here is applying your attendance/LOA policy, then the possibility (not promise) of rehire at some point may soften the blow. |
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Term'ing FMLA-Ineligible via Phone
posted at 11/12/2010 6:49 AM EST
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Posts: 464
First: 6/30/2004 Last: 11/22/2010 |
If she is eligible, invite her to apply for any open position for which she is qualified, when the Dr. has certified her to return to work.
That might open the door only a crack, but at least it might give her the idea to not otherwise burn the bridge. |
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