He's not eligible for FMLA but needs leave — do we have to terminate?
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: How do we handle a valued employee who needs medical leave but isn’t yet eligible for FMLA?
The question:
A guy who hasn’t been with us for a year broke his leg.
Since he isn’t eligible for FMLA yet, is our only alternative is to terminate him now and invite him to re-apply when he’s healed?
He’s basically a good guy; he’s not gaming the system.
The answer:
Consider an unpaid leave of absence instead, says attorney Cheryl Stanton (cheryl.stanton@ogletreedeakins.com) who spoke on leave at a recent Labor & Employment-law Advanced Practices (LEAP) symposium.
With the advent of the expanded Americans with Disabilities Act, the EEOC is taking a dim view of automatic terminations and they’re going after companies hard for those kids of policies. So it’s best to leave all options open for both employer and employee.
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