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Term'ing FMLA-Ineligible via Phone
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Term'ing FMLA-Ineligible via Phone
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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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Term'ing FMLA-Ineligible via Phone

posted at 11/15/2010 2:47 AM EST
Posts: 6
First: 11/11/2010
Last: 4/4/2011
Howard7, we considered the PDA risks though any and all non-work-related illnesses and disabilities prohibiting an employee from working are governed by FMLA within our company. For those that do not qualify for FMLA, it is up to the management team's discretion to approve a Personal Leave based upon business needs and medical certification.
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Term'ing FMLA-Ineligible via Phone

posted at 11/15/2010 4:58 AM EST
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
As long as you would term for any other medical condition at the end of the 1 month, you should be okay. What you need to watch for though is whether you have allowed other non-FMLA eligible medical leaves to go longer than 1 month. If so, you need to make sure you are allowing the same leave for pregnancy. It has to be equal to other medical issues....not just lumped in with "personal leaves".
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