🚨#EmployeeTermination Dilemma! 🚨 What would you do in this situation?
So, we have an employee who is facing termination due to poor attendance and performance issues. But now, they’ve submitted a doctor’s note recommending light duty. Here are some key points to consider:
– Employee has been unreliable, working only 39% of available hours this month 🕰️
– Doctor’s note doesn’t mention Workers’ Comp claim 💼
– Employee has PTO available and could potentially apply for Paid Leave from the state 💵
Given the circumstances, here are a few possible solutions to consider:
1. Follow up with the employee to discuss their options regarding Paid Leave and potential accommodations for light duty tasks 📞
2. Consider seeking legal advice to ensure compliance with state laws on terminating an employee with health-related issues 📋
What do you think is the best course of action in this case? Share your insights and let’s brainstorm together! #HRadvice #SmallBusinessDilemma 🧠💡
Terminate due to the poor performance rather than the attendance.
If there were no attendance issues, would you still terminate for performance?
You just informed them of their right to PFL, but one week isn’t really sufficient to get that approved. How come you didn’t tell them to seek PFL when you first became aware they had issues due to health? If they have PTO to use, why is their attendance a problem? Did they have separate sick leave or was it all in one bucket along with vacation?
If you fire them now, you may be up a creek. Job protection under PFL is only guaranteed for employers with more than 50 employees. I would tell them they need to apply for PFL, and in the mean time, consult with a local employment attorney to make sure you’re good to fire them.
Honestly this one is a bit tricky and I would consult an attorney before letting them go. CYA- cover your ass.
>RCW [RCW 50A.20.010](http://app.leg.wa.gov/RCW/default.aspx?cite=50A.20.010)
>Employee notice of rights.
>Whenever an employee of an employer who is qualified for benefits under this title is absent from work to provide family leave, or take medical leave for more than seven consecutive days, the employer shall provide the employee with a written statement of the employee’s rights under this title in a form prescribed by the commissioner. Th**e statement must be provided to the employee within five business days after the employee’s seventh consecutive day of absence due to family or medical leave, or within five business days after the employer has received notice that the employee’s absence is due to family or medical leave,** whichever is later.
if you didn’t do that, I would be very hesitant to terminate.
For what it’s worth, under boring normal FMLA, when you, as an employer, become aware that an employee’s leave may be because of an FMLA-protected reason, you’re required to provide an FMLA eligibility notice. Note how this doesn’t require the employee to initiate the process…
It sounds like you are aware of that — illness, or a family member’s illness is generally covered.
Did you provide notice?
Why are you recommending paid leave to the employee at the same time that you’re considering termination?