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  • FMLA Indiana

    One of my employees is going to have surgery next month. She told me her doctor thinks she will be out 4-7 months. She indicated she plans to return to work. The problem is she has already used 1/2 of her FMLA time in the past 6 months with other long-term ailments. I would like to replace her as I cannot afford a temporary in her position for 7 months. Can I do so when her FMLA time runs out?

  • #2
    After her FMLA time runs out, yes.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      When her remaining six weeks of FMLA leave has been exhausted, no apparent legal obstacle stands in your way of terminating her.

      However, if she rallies and returns to work on or before the last day of her FMLA leave, then you have to provide (1) her former position with the company prior to said leave or (2) an “equivalent” position with equivalent pay and benefits. Moreover, if she returns to work in time, your company cannot retaliate against her for taking or seeking to take FMLA leave.

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      • #4
        If she has been out 6 weeks already (used 6 wks. of FMLA already) & will most
        likely be out 4-7 months, it's not likely she will return before her FMLA is used up.
        (though I'm not saying it might not be possible - just not likely)
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Agreed.

          Of course, though, if the employee discovers she will not have a job after an additional period of recuperation, she may endeavor to do anything within her power to return to work within six weeks. Lack of employment can be a powerful stimulant in getting well! If she can rally, return to work and perform the essential function of the job, the employer may have to forego its plans to replace her.

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          • #6
            However; no matter how much she wants to return in 6 wks. if the dr. said
            4-7 mos., that might be kind of hard to achieve. If she does return in 6
            wk. then, of course, the employer has to follow the FMLA rules.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment

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