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NYS and FMLA New York New York

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  • rous
    started a topic NYS and FMLA New York New York

    NYS and FMLA New York New York

    I have an employee who needed to leave work for a life threatening illness.

    It's weird that as soon as she became eligible for health insurance she signed herself and her husband up. Shortly thereafter she took her leave. We have been paying for health care for her and her husband the entire time because we can't take payroll deductions for her half of the cost.

    She claims she wants to come back to work but has not. I advised her to look into disability with the state if she will be permanently unable to work.

    Her twelve weeks is up for FMLA and I asked her to come back to work or else I would have to look for a replacement. She is flipping out threatening law suits etc etc.

    Did I do something wrong here? I feel as if we have followed all laws. Any advice?

  • Betty3
    replied
    Note thread is 4-2012 - might have showed up as new due to spam in it.

    Leave a comment:


  • ElleMD
    replied
    Agree with the others. Give her no more than a week to get the note from the doctor to you and then you can assess whether a short extention would be reasonable under ADA. It might be, it might not be. Open ended leaves are not reasonable and how long you can afford to allow her to be out beyond the 12 weeks is a moving target but a business decision. What you don't want to do is wait until she has been there for one year as then you might be on teh hook for another full 12 weeks if she worked enough hours in those 8.5 months to qualify for actual FMLA. Right now you have no obligation to offer ANY leave, so if you went ahead and gave her 12 weeks, you have already been more generous than the law requires. I would go through the motions of ADA to see if a very short term extention is appropriate as it will still be less distruption to the company to grant another week than fire her and hire someone else.

    Leave a comment:


  • HRinMA
    replied
    You can require her to pay her portion of the premiums. If she doesn't you can cancel the issue and send her Cobra paperwork.

    I suggest you write her a letter, asking for an acutal doctor's note detailing that she does need to be out and how long she will need to continue to be out. It is possible she could return to work now but isn't letting you know. Once you have the doctor's note, you can decide how to proceed. If the note states she will not be able to return any time soon, I would move ahead with terming her due to her inability to return to work.

    If the note says she can return with restrictions, then you would need to decide if you can accomodate those restrictions.

    Whatever path you take, make sure to keep extensive notes in case she decides to file a lawsuit.

    Leave a comment:


  • Betty3
    replied
    She had to work for you at least 12 months for job protected FMLA to start to apply.

    Leave a comment:


  • rous
    replied
    She was with the company for 8 and a half months prior to her leave.

    She has been keeping us updated via email about once a month since then with her doctors visits.

    I am unsure if her doc filled any fmla paperwork out and we have no doctors notes.

    I told her we would grant her a leave but I didnt specifically say your fmla clock is ticking

    Leave a comment:


  • HRinMA
    replied
    How long has she worked for the company and how long has she been out?

    Did her doctor complete FMLA paperwork?

    Did she know the FML clock was running?

    What does the note from her doctor say about when she can return or how long she has been out?

    Once we have those answers we will have a clearer picture of the issue.

    Leave a comment:

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