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Extended sick time employees?

Mike Krall

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Anyone know how to handle employees that are going to be out extended times for surgeries and recovery?

I have 2 at the same time that will be out for months if not possibly longer.

They will far exceed the sick time they are allotted which would trigger a firing, but that's too cruel for me.

Anyway, I need to hire replacements so does anyone know the legalities of this? If I hire 2 and the other 2 come back I'll have 2 too many if my math is correct :D If I fire the other 2 replacements I'll be on the hook for their unemployment which is fine since they'll be temps essentially.

Not sure if I should just in fact fire the sick ones and offer to rehire them later or if firing a sick person is even legal.

Yeah I'm confused :)
 

rob allen

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Yeah, that was my thoughts too Scott. But he must be busy with holiday lawsuits as I haven't been able to get a hold of him :)
probably right. People get crazy around holidays. Well they are already crazy, just get crazier I suppose.

I agree with getting professional help. You can call your state Dept of Labor, wage and hour division.
 

Mike Krall

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probably right. People get crazy around holidays. Well they are already crazy, just get crazier I suppose.

I agree with getting professional help. You can call your state Dept of Labor, wage and hour division.
Calling them makes me nervous...
 

rob allen

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rob allen

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It was dark humor but I agree. Best not to mess with bee hives when you can.
 
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Mike Krall

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It was dark humor but I agree. Best not to mess with bee hives when you can.
You should have told me Rob I would have turned the lights off :D

What really makes me nervous about those places is you could call 20 times with the same question and you'd get 20 different answers.
 

jtsunbrite

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call a temp agency and tell them you need a couple of guys for a couple of months,, they work for the temp agency not for you...

I am out recovering from hernia surgery but im going to go do a job tomorrow,, they say hernia recovery is two weeks im about ready to go back its boring
 

MikeGaure

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call a temp agency and tell them you need a couple of guys for a couple of months,, they work for the temp agency not for you...

I am out recovering from hernia surgery but im going to go do a job tomorrow,, they say hernia recovery is two weeks im about ready to go back its boring
Took a week off to be with wife's family for the holiday and I was bored out of my mind lol

Hate being out sick or from surgery have had both this year unfortunately
 

jtsunbrite

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Took a week off to be with wife's family for the holiday and I was bored out of my mind lol

Hate being out sick or from surgery have had both this year unfortunately
I totally hear you, I have a couple of reviews to write up on stuff im testing but I keep starting over, I want them to understand where im coming from.

I have shopped, watched movies, played with the dog, tested brownies, cakes, cookies,, im ready to go back to work and feeling like a real man lol
 

MikeGaure

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I totally hear you, I have a couple of reviews to write up on stuff im testing but I keep starting over, I want them to understand where im coming from.

I have shopped, watched movies, played with the dog, tested brownies, cakes, cookies,, im ready to go back to work and feeling like a real man lol
Inlaws were bummed we were leaving. Kept asking why so soon lol after a week without work you start feeling worthless and I was tired of being there haha
 

jtsunbrite

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Inlaws were bummed we were leaving. Kept asking why so soon lol after a week without work you start feeling worthless and I was tired of being there haha
Yes sir I know the feeling,,, any day during the week I don't work I feel worthless
 

crash1big

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Anyone know how to handle employees that are going to be out extended times for surgeries and recovery?

I have 2 at the same time that will be out for months if not possibly longer.

They will far exceed the sick time they are allotted which would trigger a firing, but that's too cruel for me.

Anyway, I need to hire replacements so does anyone know the legalities of this? If I hire 2 and the other 2 come back I'll have 2 too many if my math is correct :D If I fire the other 2 replacements I'll be on the hook for their unemployment which is fine since they'll be temps essentially.

Not sure if I should just in fact fire the sick ones and offer to rehire them later or if firing a sick person is even legal.

Yeah I'm confused :)
It looks like (in New York) you must grant 1 hour of medical leave per 30 hours worked up to a maximum of 40 hour of leave per year. Looks like employees are entitled to FMLA benefits with 12 weeks off but only for companies with 50 or more employees.

IMO I'd hire some other people and investigate the rest later. :)
 
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Mama Fen

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Officially: "In order to be eligible for FMLA leave, an employee must have been at the business at least 12 months, and worked at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles."

In other words, you're likely too tiny to have them covered by FMLA.

BUT.

Legally, you're under no obligation from what I (as an uneducated layman) can tell. But morally - would you be able to look them in the eyes and tell them Sorry, I won't take you back after your surgery? Would you want the hassle if they did try to take you to court, even if they had no substantive case?

Can you 1099 someone in til they come back, maybe?