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TERMINATION
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TERMINATION
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An employee was hired on Dec 8 2009. Terminated on Dec 11, 2010 for failing to report off on 12/8/10 and overall excessive absenteeism - 27 days missed in 2010, plus 54 times tardy. Former employee su
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TERMINATION

posted at 1/6/2011 4:44 AM EST
Posts: 2
First: 1/6/2011
Last: 1/7/2011
An employee was hired on Dec 8 2009. Terminated on Dec 11, 2010 for failing to report off on 12/8/10 and overall excessive absenteeism - 27 days missed in 2010, plus 54 times tardy. Former employee submitted FMLA paperwork via certified mail on 12/15 - form indicates that insomnia, anxiety condition began on 12/7/10, treated on 12/14. Doc says incapacity (depending on response to Rx) thru Jan and/or Feb. Any recommendation on response and/or next steps? Thanks in advance.
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TERMINATION

posted at 1/6/2011 7:01 AM EST
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
Did your employee give ANY indication of medical need prior to the termination? To any supervisor? I would check to make sure that she can't claim she told someone and y'all should have known about it and auto-applied FMLA until the paperwork was sent in.

That brings up an interesting point -- when and where did she get the paperwork to send in? Did someone send it from the company? If so, that might be considered notice. If it was just on a company network, then that woudl NOT be considered notice generally.

Timing is everything here. From your post, it sounds like the employer did NOT know of the need....but I would do everything I could to document that.
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TERMINATION

posted at 1/6/2011 7:03 AM EST
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
And even with FMLA, the employee is required to follow all normal reporting procedures such as calling out when sick.
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TERMINATION

posted at 1/7/2011 11:22 AM EST
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
Holding the FMLA possible claim for a moment, I have other serious concerns about your management of this person.

27 days off and 54 tardys... Are there warnings and probabtion notes in the files related to abuse of your policies?

If there were no discussions with the person regarding your concern about his ability to provide you with full time employment you have bigger problems than FMLA.......
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TERMINATION

posted at 1/7/2011 12:17 PM EST
Posts: 2
First: 1/6/2011
Last: 1/7/2011
lol...indeed...recent addition of full time HR should avoid a repeat occurrence. Policy and warnings were implemented. Thanks.
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