|
|
|
|
|
I have an employee who has been out since September due to pregnancy. She was notified me verbally on November 6th, that she would be returning December 10. However, on December 10th she did not show up for work. She called later in the day, stated that she did not have child care available, and since she still has CFRA time left, she would be taking it. When I inquired as a return date, she stated that she does not know. I told her that she needed to contact me or her manager ASAP, so that we can figure out our needs for mission requirements. As of today, I have not heard from her.
My question is...what are the employer’s rights in this situation? Am I within the law to send a letter requesting a return date? Is there a time requirement on her part for notifying of her return?
|
|
|
|
|
|
|
Assuming you are in California:
Is she finished with her Paid Disability Leave?
Is she covered by FMLA or CFRA? . You can look all these topics up on this site to see.
If you are an employer of 50 or more you may be required to honor he leave depending how long she has been off. Nee more details about your company and her situaation to determine.
|
|
|
|
|
|
|
| Yes, we have over 50 employees. This employee has completed FMLA & PDL. She is currently on CFRA and has 5 weeks remaining. My concern is, since she did not return on the date she had previously stated, can I legally require her to give us a firm return date? Because we did not temporairly fill her position, this is causing hardship on other employees and management.
|
|
|
|
|
|
|
Since she is aware she is still eligible for CFRA I would schedule for her to be back in 5 weeks and notify her you are doing so since she is not comitting to a date. If she wants to come back eariler she will probably let you know and you can address that at that time. You can let her know it is because you are needing to hire temporary help while she is out. If she does not return by the end of the CFRA then you can permenantly find a replacement.
Since you can't require her to come back before the end of her CFRA then I think it would be in your best interest to just schedule her for the 5 weeks out.
|
|
|
|