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Closing the loop
Life in Workforce Management
Closing the loop
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We have an employee that we approved FMLA intermittent leave on starting Jan. 2002. He has since returned to work effective Feb. 9, 2002. During the time he was out for the month, we had to hire someo
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Forums » Topic Forums » Life in Workforce Management » Closing the loop
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Closing the loop
posted at 2/28/2002 7:26 AM EST
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Posts: 3
First: 1/24/2002 Last: 3/1/2002 |
We have an employee that we approved FMLA intermittent leave on starting Jan. 2002. He has since returned to work effective Feb. 9, 2002. During the time he was out for the month, we had to hire someone to do his job and decided to transfer this said employee to another dept. and to a position that could be more flexible with the intermittent leave should he require it upon his return to work. It has now been almost a month, and this employee is working with no issues, but is being paid his old wages to do a job that is entry level. He has not given a release from his Dr. stating he will not need intermittent leave and therefore still has FMLA covered time to use. How long do we need to give him to finally close the loop. The person that replaced him on his job is doing well and we really don't want to lose him. Knowing that we will have to make that decision when the FMLA covered employee is released is becoming more grueling by the day. Has anyone out there dealt with this? |
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Closing the loop
posted at 2/28/2002 8:15 AM EST
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Posts: 276
First: 1/29/2002 Last: 4/30/2003 |
I'm not an FMLA expert by an stretch of the imagination, but don't you legally have to return him to the same or an equivalent position? Plus, you replaced him "in case" he had to take some more intermittent leave? Did you give him a choice?
It sounds like he's been demoted and received salary decrease because you got somebody you liked better whom you felt didn't have the possibility of having to take time off. You know, it could happen to anyone at any time. I don't mean to sound like such a harda**, but I have had more than my share of terrible service lately, and this just rang my bell! If I were the employee, I'm not sure I wouldn't be calling an attorney right about now. |
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Closing the loop
posted at 2/28/2002 8:27 AM EST
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Posts: 223
First: 7/10/2001 Last: 3/3/2008 |
First of all, if this employee was out for a full month, that is not intermittent leave. Secondly, even if his DR releases him from intermittent leave, he still has time available that could be used at a later date.
You may transfer the employee to a position that better accomodates the need for intermittent leave. This position must be of comparable pay and benefits. An entry level position is not in this case. If he has returned to work with no problems, you can not transfer him based on the fact that he might need additional leave. I would run, not walk to my labor attorney as this is a law suit waiting to happen. |
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Closing the loop
posted at 3/1/2002 12:27 AM EST
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Posts: 3
First: 1/24/2002 Last: 3/1/2002 |
Let me clarify, this employee's pay nor benefits were not effected. He still makes the same but he is performing duties unrelated to his professional skill set. As of this writing, he states his doctor does not want him to be fully released from the propensity of needing intermittent leave. Therefore, it seems there is this waiting game with no confirmed end. What I am hearing is no matter how well the new guy is doing, we have no choice but to put the FMLA employee back in his position once he is released. Our attorney assures us this situation is being followed to the letter of the law. Thanks for your thoughts. |
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