Hey all, so I’ve got a situation here. We have a manager who’s gone past the 12-week FMLA leave and they’re still not able to come back. We’re wondering if we can go ahead and terminate their employment or if there’s something else we should consider. Any advice?
I’m pretty sure you can terminate them if they’re not back after FMLA ends. You don’t have to hold the spot forever, right?
Reid said:
I’m pretty sure you can terminate them if they’re not back after FMLA ends. You don’t have to hold the spot forever, right?
That’s what we’re thinking too. Just wasn’t sure if there’s anything we’d be missing legally.
Reid said:
I’m pretty sure you can terminate them if they’re not back after FMLA ends. You don’t have to hold the spot forever, right?
Yeah, FMLA only protects the job for those 12 weeks. After that, you’re not obligated to keep them on.
Out of curiosity, does this person have any workers comp claims? That might change things a bit.
Wes said:
Out of curiosity, does this person have any workers comp claims? That might change things a bit.
Funny you ask! They actually do have a workers comp claim. Think that affects our options?
Wes said:
Out of curiosity, does this person have any workers comp claims? That might change things a bit.
Nah, workers comp shouldn’t stop you from letting them go. It just means they still get support for the claim even if they’re not employed.
Would you consider offering them severance? It might help avoid any legal pushback.
Vinn said:
Would you consider offering them severance? It might help avoid any legal pushback.
Yeah, we thought about that too. Maybe like 1-2 weeks per year of service?
Vinn said:
Would you consider offering them severance? It might help avoid any legal pushback.
Sounds reasonable. Just enough to smooth things over without going overboard.
Hey, just to clarify—what’s FMLA exactly? Just wanna make sure I’m on the same page.
Finley said:
Hey, just to clarify—what’s FMLA exactly? Just wanna make sure I’m on the same page.
Oh, it’s the Family and Medical Leave Act. Basically lets employees take up to 12 weeks off for health or family stuff without losing their job.
Finley said:
Hey, just to clarify—what’s FMLA exactly? Just wanna make sure I’m on the same page.
Thanks for clearing that up! So after 12 weeks, the protection’s kinda over?
Finley said:
Hey, just to clarify—what’s FMLA exactly? Just wanna make sure I’m on the same page.
Exactly! Once the 12 weeks are up, the company isn’t legally required to keep the position open.
If the employee wanted to come back later, would they still be able to file for unemployment?
Pax said:
If the employee wanted to come back later, would they still be able to file for unemployment?
Yep, since the termination wasn’t their fault. They should be able to file for unemployment when they’re ready to work again.
Pax said:
If the employee wanted to come back later, would they still be able to file for unemployment?
Good to know! Always wondered about that.