Hi There I am a Brit (UK National) and I am trying to be secretary of the small US Corporation haich my husband nd I own. I am trying to learn as much as possible about US employee relations issues so htat we are protected from being sued by dissatified employees. Please can you explain simply what FMLA means and how much notice an employee has to be given for dismissal and is there any ocmpensation due? Thanks for your help ------------------------- Send reply to: "payroll-taxes-list" <[EMAIL PROTECTED]> From: "Jeff Martin" <[EMAIL PROTECTED]> To: "payroll-taxes-list" <[EMAIL PROTECTED]> Subject: Re: FMLA Date sent: Tue, 7 Sep 1999 23:19:22 -0400 > Donna, will you clarify a couple of things in your post? > > #1, Our leave policy allows employees to take up to six months off, at > #which > point we can terminate them. We count FML as part of this 6 month period. > There is nothing illegal about this, which appears to be at odds with your > example of 24 weeks of absence before termination. > > #2, An employer may apply a leave against the 12 weeks of FML after the > employee returns to work if he didn't know the reason for the employee's > leave or if it wasn't clear at the time the employee went on leave that it > qualified under the FMLA. So long as the employer notifies the employee > within 2 business days of his return to work, retroactive application of > the FMLA is permitted under the circumstances I mentioned. > > An employer is required to hold the employee's same or equivalent position > and salary, so if the employee could not return to work full-time at the > end of the leave, the employer is not under any obligation to hold his > position for him. > > The ADA provides that an employee may request a "reasonable accommodation" > for a disability. It is not automatic that the employer must do what the > employee asks -- the employer is not "required" to look for another > position for the employee. An employer may use legitimate business > practice to determine that the request is not reasonable because it places > an undue hardship on the employer. > > Staying in touch with the employee is not a requirement. As long as the > employer follows all of the federal mandated requirements of the FMLA, > it's possible that the employer may not have to speak to the employee > during the entire period of leave. > > Although this particular situation may sound like a set-up to terminate > the employee, so long as the employer followed all of the requirements of > the FMLA, there isn't any reason that he has to hold the employee's > position beyond the 12 weeks. > > Jeff Martin. > HRIS Coordinator > -----Original Message----- > From: Donna Hare <[EMAIL PROTECTED]> > To: payroll-taxes-list <[EMAIL PROTECTED]> > Date: Tuesday, September 07, 1999 7:16 PM > Subject: Re: FMLA > > > >Even if you have received some responses to your concern regarding the > FMLA, > >hopefully this information will also be of help to you. Your question > seems > >to be a bit sticky. You state this employee was out for 12 wks and "could > >not" come back to work full-time at the end of the 12 weeks so you > >terminated her based on the fact that her 12 weeks were up. My first > >question would be, what does your policy state regarding terminations due > to > >absense? Assuming you do have a policy, let's say that your policy states > >that you terminate after 24 weeks of absense and that you count the FMLA > >leave as part of the 24 weeks. Would that be logical? Yes. Rational? Yes. > >Legal? NO. The Federal Department of Labor (DOL) requires that you have a > >different segment of 12 weeks for FMLA outside your normal termination > >period! > > > >When did you give the employee notice that the leave was FLMA leave? > >Remember, the 12 weeks run from the date of the sending of the notice, > >and if you haven't sent the notice, even after twelve weeks, it's as > >though the person had never been out at all. > > > >Furthermore, when was this employee due back to work (when was her 12 > >weeks up)? From your question, it sounds like she could return to work, > >but not full-time at the end of her 12 weeks so you terminated her. > > > >You also said that "based on problems you had with her in the past, you > >didn't want to bring her back." In my opinion, it sounds to me like your > >"termination" decision was NOT based on the 12 weeks elapsed time from > FMLA, > >but rather that the FMLA was a "reason" to let her go. > > > >To my knowledge, communicating with her I don't believe is a > >"requirement" on the employers part. It is a way of letting the employee > >know you care, but I'm not sure it is a requirement. Perhaps someone else > >could help you with this part of your dilema. > > > >Also, in addition to the FMLA, please remember that the ADA also gets > >involved. Just remember, the ADA requires you to look for another > >position in which to place the employee as they do require "bending" > >attendance and leave policies. > > > >You may want to ask your companies lawyer or your general counsel. > > > >Hope this helps. > > > >-----Original Message----- > >From: [EMAIL PROTECTED] <[EMAIL PROTECTED]> > >To: [EMAIL PROTECTED] <[EMAIL PROTECTED]> > >Date: Friday, August 27, 1999 1:04 PM Subject: FMLA > > > > > >>Hi All! > >> > >>I know this site is more for payroll, but I know we have some > >>HR/Benefits people out there!!! > >> > >>I have an employee who is threatening to sue us. Here's the story. > >>This employee was out on FMLA for 12 weeks, and could not come back to > >>work full-time at the end of the 12 weeks. We terminated her based on > >>the fact that her 12 weeks were up. This all happened on a Thursday. > >>On Monday > she > >>decided to show up to work with a doctor's note stating that she could > work > >4 > >>hours/day. We tried to explain to her that she was terminated because > >>her leave had expired. Now, a week later her doctor has released her to > >>full-duty. She is threatening to sue us because we won't reinstate her > >>employment. Based on all the problems we have had with her in the past, > we > >>do not want to bring her back. Based on my knowledge of FMLA, we as an > >>employer are within our rights to terminate her employement based on the > >fact > >>that she did not come back within 12 weeks. She is claiming that we did > >not > >>communicate with her that her time was up, and she is going to sue us. I > >>though once they extended their leave past the 12 weeks, we do not have > >>to keep them on. Any thoughts? > >> > >>Thanks!!! > >> > >> > >>----- > >>To UNSUBSCRIBE to this list, send an email to: > >><[EMAIL PROTECTED]>. > >>Put this phrase in the subject line: > >>"unsubscribe payroll-taxes-list" > >> > > > > > > > >----- > >To UNSUBSCRIBE to this list, send an email to: > ><[EMAIL PROTECTED]>. > >Put this phrase in the subject line: > >"unsubscribe payroll-taxes-list" > > > > ----- > To UNSUBSCRIBE to this list, send an email to: > <[EMAIL PROTECTED]>. > Put this phrase in the subject line: > "unsubscribe payroll-taxes-list" Janet Walker Secretary 3SL Inc. PO Box 310 Olney, MD Tel: +44 (0) 1229 838867 Fax: +44 (0) 1229 870096 e-mail: [EMAIL PROTECTED] ----- To UNSUBSCRIBE to this list, send an email to: <[EMAIL PROTECTED]>. Put this phrase in the subject line: "unsubscribe payroll-taxes-list"
