Comments on: What would you do? Reliable employee out of FMLA leave but needs surgery

By: H/R Steph

H/R Steph — Mon, 07 Dec 2009 20:55:29 +0000

Does your company offer unpaid leave? This might be an option for this employee. Also if they are taking care of a immediate family member spouse, son, daughter, or parent that is active duty military they qualify for 26 weeks instead of the normal 12.

By: Crystal

Crystal — Mon, 07 Dec 2009 20:18:54 +0000

I have a great employee who’s FMLA is coming to an end. What do I need to provide to him with (info) regard to his rights now that FMLA is ending. If you have a website with this information I would welcome it.

Thank you.

By: John

John — Mon, 15 Jun 2009 15:01:25 +0000

Ron,

If what you say can be substanciated you have a cause of action against the company. If you are over 40 you may have an ADEA claim. The other claim may be an inequity or it may not. What you would have to prove is that under similar circumstances with the other employees that were granted a different action, you should have fallen within that same consideration. On the other hand if you are considered what is legally described as a “key employee” then the company may have firm legal ground to defend their decision.

By: Ron Regalado

Ron Regalado — Fri, 12 Jun 2009 05:21:46 +0000

I would like to leave a few comments about my situation, I am a excellent employee with good attendance record for the past 11 years at the chemical plant I work for in Colorado. I was recently forced to resign after 12 weeks of FMLA/Short term disability from my company and told my legal counsel from corprate that my plant manager called and said I was a well liked and excellent employee and they would like to re-hire me back after I am ok. According to corporate they must follow their hand book policy that states “employee will be considered a voluntary resign after 12 weeks. My response to him was if I was that good why was i let go, it is not written in stone that they have to terminate me. Also 1 employee 25 years younger that me was allowed to go out 16 weeks (car accident) on short term without fmla, I did not learn of this until after the fact, another was allowed 6 weeks after shoulder surgery he also not required to file fmla paperwork. What a shame the way i was treated and all the experience they lost with me, my position was a Lead Tech in a extremely complex blending process.

By: Ron Regalado

Ron Regalado — Fri, 12 Jun 2009 05:19:35 +0000

I would like to leave a few comments about my situation, I am a excellent employee with good attendance record for the past 11 years at the chemical plant I work for in Colorado. I was recently forced to resign after 12 weeks of FMLA/Short term disability from my company and told my legal counsel from corprate that my plant manager called and said I was a well liked and excellent employee and they would like to re-hire me back after I am ok. According to corporate they must follow their hand book policy that states “employee will be considered a voluntary resign after 12 weeks. My response to him was if I was that good why was i let go, it is not written in stone that they have to terminate me. Also 1 employee 25 years younger that me was allowed to go out 16 weeks (car accident) on short term without fmla, I did not learn of this until after the fact, another was allowed 6 weeks after shoulder surgery he also not required to file fmla paperwork. What a shame the wqy i was treated and all the experience they lost with me, my position was a Lead Tech in a extremely complex blending process.

By: lillian

lillian — Wed, 22 Apr 2009 20:54:23 +0000

If the employee has been with the company for so many years and has never had issues especially attendance and not abusing the system; the company offering leave without pay (not to exceed 30 days) ; after the employee has exhausted FMLA guidelines, vacation and other PTO that company offers should be a substancial unpaid time off assuming the employee is returning back to work after recovering… it is would always a company judgement in how to execute the leave without pay, first of all the company should have a leave of absence policy…

By: Michael

Michael — Tue, 21 Apr 2009 20:16:32 +0000

Agree 100% with AZHR-this is the essence of our job

By: John

John — Tue, 21 Apr 2009 19:46:29 +0000

Have had to deal with this situation. This has happened three times since I have been the HR Captain. Many are so stuck on ‘rules’ that thinking becomes somehow the wrong thing to do. There is no law or rule that says that everything has to be one for one. That is impossible. What the law requires is consistent behavior. (No that does not mean that consistently wrong behavior becomes acceptable.) AZHR is correct. As long as a decision is not made on an ILLEGAL discriminatory factor then extraordinary circumstances can certainly be handled on a case by case basis.

In each of our cases we granted unpaid leave with a 30 day review. If the employee could return in a ‘reasonable’ amount of time we would value the employee and protect their position. Also if it were possible we would find alternative work within the city that the employee may be capable of doing. Others may feel compelled to do otherwise but as others here have statedwe are HUMAN first and resources second. Protecting our employers includes protecting the human capitol that our employers have invested in.

By: Kay

Kay — Tue, 21 Apr 2009 17:48:33 +0000

We have a separate policy for personal or medical leaves not required by law (such as FMLA). These are granted on a case by case basis dependent on many factors that affect the employee and the company. This doesn’t exclude anyone and each case is looked at to prevent someone from taking advantage.

By: Karen Budrow

Karen Budrow — Tue, 21 Apr 2009 12:37:44 +0000

I agree with Christine H. I am HR Dir in a highly unionized environment and what is allowed for one, good or mediocre employee, must be availablr to all. If the employee is fully able within a reasonable time and I have not found as solid a replacement, she would be welcomed back.