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Wgerrard · May 3, 2012, 08:20 PM

I have an employee who is on a medical LOA. She is not on an FMLA leave. We are small business and only have 20 employees so she does not qualify for FMLA. I have asked her for a doctors note on several occasions and she has not complied. She has been gone for 30 days. Several of my employees have spoken with her and tell me that sh ehas a prasite and is very ill. That being said do I have ot hold her job? Can I send her a letter asking her to return to work with a fullmedical release? If she cannot can I terminate her?

ScottGem · May 4, 2012, 03:30 AM

First, do you have a written policy on short term leave? Second, do you have a short/long term disability plan for your employees? These things dictate what you can do in a situation like this.

Since your business isn't covered by FMLA, then there should be no legal requirement to hold her job. I would check with your attorney or the state dept of labor to make sure there are no local laws that cover.

You should also cover yourself by sending a letter stating that you can no longer hold her job without knowing when she might return.

Fr_Chuck · May 4, 2012, 05:39 AM

Even with FMLA she is required to request the leave in writing and provide medical documentation of the need for the leave.

Even though you are not required to follow the law, why not follow it ( it is not paid leave anyway) Assuming she has worked for you long enough to qualify for FMLA if you were a larger business.

Notify her that for her leave to continue you will need a written request ( if she has not done that) and documenttaion of her illness. Give her a time frame to provide it, if not, she has made the choice not you.

ballengerb1 · May 4, 2012, 08:12 AM

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