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Leave of Absence issues

One of our companies has two employees. Therefore, they are not covered by FMLA. However, the employee handbook states she is eligible for 12 weeks of Unpaid Leave of Absence. This leave of absence was approved. Her reasons are for Psychiatric care – When asked which duties she would be unable to perform, it clearly states ALL, and unable to be cleared until she is cleared by a Psychiatrist.

In the meantime, she is calling clients and advising them she will be out, giving out her personal number in case they need it, as well as leaving messages that if we needed to ask her questions to call her.

We have sent her an email advising her that she is out on leave of absence and per her Doctor she is unable to perform ANY of her job.

She has now requested a meeting with management. We will be refusing.

Our question is I know we have several issues, the main being a reasonable accomodation… this location only has two employees… She has complained and we have heard it from several clients that she is complaining that the work load is too intense. We do not have the ability to hire another individual as the company is a non-profit organization.

How do we go about terminating the employee based on the workload being too much? Wait for the LOA to run out???

As long as this employee is not within a 75 mile radius of a work-site with 50 or more employees, the employee is not eligible for FMLA and her job is not protected. As the company, you should contact her clients informing them that this employee is on medical leave and during her absence; the name of another employee will be handling her accounts. Give the clients the number that they can reach the covering employee and your number should they have any questions or concerns. Let them know they are not to have any contact with her until her return to work.

Inform the employee that during her leave she should not have any contact with your company clients. You may state that if she does attempt to have contact with your clients, she can be terminated for in subornation.

This process should be done quickly, and do not discuss the reason for the employees leave.

This entry was posted on Sunday, March 31st, 2013 at 1:35 am and is filed under
Human Resources Management.
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