Originally Posted by lisa22
Brief synopsis: This employee first went out on disability back in Aug 2007 and was out for 9 weeks. She went out again in Aug 2008 and every month, continues to have her doctor of psychiatry put her out 30 days. Everytime her extension expires, she gets another 30 extension. On today 2/9/09, we received a fax from her doctor that she is out until June 2009When is this legal to stop? She is not out on FMLA. There has to be a fine line drawn somewhere. What are our rights as an employer? She stated to me with documentation that she does not like her supervisor so therefore, she is not likely to return but she keeps getting the extensions. I know that disability insurance maximum is 1 year. Please, please advise.

It's a matter of company policy how long you want to keep an employee on leave. The most you were obligated to extend was 12 weeks of FMLA which was exhausted before the end of 2007, had the FMLA applied. You could have terminated her employment way back then. The length of benefits available to an employee on the employer's or State's disability plan has no bearing.

It's legal to stop extending leave at whatever time you wish - such as now. You may also want to create a policy or at least guidelines as to the maxium amount of leave time your organization will extend, which ought to be considerably less than 18+ months, just so you don't run into this again AND so that other individuals in your organization don't view the current situation as a precedent.

I suggest you send the employee a letter wishing her well and stating her employment has been terminated as she continues to be unavailable for work.

Agree with Beth. You gave her way more time off than most employers would.

I would terminate her at this time since she still is unable to return to work.

She stated to me with documentation that she does not like her supervisor so therefore, she is not likely to return but she keeps getting the extensions.
Sorry to step in late on this... but you mention the EE with having ''difficulty'' with her supervisor.

You should therefore, IMHO, take the steps recommended here and terminate this EE before she and her psych get the idea to file a WC claim. Then keep your fingers crossed for the next time period where the SOL tolls on this or you will be reclassifying this "EE" to "IW"....at which point you will have a whole other series of difficulties to handle.

SOL for filing a claim for WC benefits is 1year from the 'date of knowledge' of the ''work related injury/illness''... so depending on when this 'psych' doctor feels the 'injury/illness' is directed to her work...the clock ticks.
She is not out on FMLAHopefully that is due to eligibility requirements (?)
Familiarize yourself with the information here...http://www.claimline.com/articles/lpa6.html

It would appear from the dates you provide, and actions so far, that FMLA is not yet an issue. For FMLA leave to run concurrently with WC/SDI or qualifying medical reason, you must provide written notice to the EE of the eligibility. The 12 weeks of leave under FMLA is 'annual'....