Tampa, FL asked in Employment Discrimination and Employment Law for Florida

Q: We have an employee on FMLA who is failing and need some advice on how to proceed.

She has been with us for 2 years. She is on a 90-day performance improvement plan and has had documented performance issues for some time prior. She has an FMLA restriction for 30 hours a week. She has routinely worked more than that on her own accord. I did not realize that was not okay. She is failing at her job. She wants us to split her job in half so that she can just work 30 hours a week. Splitting the job is not in the best interest of the company or our clients. She has given us a hard date after which she will only work 30 hours. The options we have, as I see it, are to 1. Say "no" to splitting the job, explain why, and part ways with her, 2. Offer her another job (admin. assistant at a lower pay rate would be all we'd have), or simply deny her request and have her leave. I need to know what our options are. I do not feel cutting a job in half is a "reasonable accommodation". I should note we have been very flexible with days off, sick days, etc. Thanks!

1 Lawyer Answer

Kevin Sanderson

  • Employment Law Lawyer
  • Sarasota , FL
  • Licensed in Florida

A: It seems you have engaged in some good practices here. Intermittent FMLA is very difficult on all parties involved, co-workers, employers and employees. You would not want me to answer this further in a public forum even though you have not used your name. Arguably I cannot provide any response when I dont know the identity of the questioner. You may consult with me privately.

1 user found this answer helpful

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