FMLA Exhausted

[bbr345]

What is the name of your state (only U.S. law)? MN

Scenario. An employee takes 4 weeks off starting on February 1st for surgery recovery (FMLA paperwork is completed). The same employee has another unrelated surgery in July and takes 3 weeks off (FMLA paperwork is completed). In the remaining months of the year, the employee takes sick leave intermittently, again for other unrelated medical conditions (a half day here, a couple days there, etc) but when you add up all of this leave based on their scheduled hours per day and include the 3 weeks in July and the 4 weeks in February, it totals over 12 weeks from February 1 -Nov 1. In addition, the employee has been out for the last two weeks and is unable, at this time, to return full time due to continued medical issues. Has this employee exhausted their FMLA leave? If so, can you remove the employee from their position and fill it with a permanent staff without terminating that employee from the company? In other words, can the employee be laid off from their position but remain on unrequested leave with the company until their qualifying period for LTD has been completed?

I appreciate the feedback. Thanks!

 

[cbg]

Not all sick leave qualifies as FMLA. You say that the odd days or partial days here and there are for unrelated conditions - are they for serious health conditions as defined by the FMLA statute? If not, then they do not count against the 12 week FMLA entitlement.

Once the FMLA HAS been exhausted, whether it is now or later, the employee has no legal expectation of being restored to their same job. At that time, the job can be filled by someone else. Whether or not the employee is continued on your payroll is up to company policy.