Our team of experts fields real-life, everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation. Today’s issue: Ineligible staffers and the Family and Medical Leave Act.
An employee who hasn’t been with us for a year broke his leg. Since he isn’t eligible for FMLA yet, should we terminate him now and have him re-apply when he’s healed?
A: That’s probably not the best idea, says attorney Cheryl Stanton, who spoke at the recent Labor & Employment Law Advanced Practices symposium (LEAP).
Best bet: Consider an unpaid leave of absence instead.
And eliminate any policies you have about employees being automatically fired after they run out of leave.
The Equal Employment Opportunity Commission (EEOC) is taking a dim view of automatic terminations lately — and coming down hard on companies who still those policies.
That’s because under the new ADA, employees who run out of FMLA leave may still be eligible for accommodation under the ADA — and that accommodation could include additional leave.