Question:
Dear Jennifer,
An employee is refusing to come back to her full-time position after her maternity leave. She wants to come back part, Pick her days, And bring her child in on some mornings. She is getting pretty aggressive with the practice and accusing us of not valuing her. How do I de-escalate the situation? Appreciate your thoughts.
Thanks,
Dr. K
Answer:
State, and, if applicable, federal job protection laws require you to protect the employee’s job exactly as they leave it. Meaning, their status as full-time or part-time, days, hours, main responsibilities, title, salary, authority, etc., none of these key factors to employment should change on return. Should an employee refuse to return to the job you are protecting, they are not entitled as of right to a revised job description or role. In fact, their l refusal to return to their exact position is essentially a resignation. Where the employer can walk into a serious problem is when you do not require the employee to return to the exact position on the date they are required to return at the end of their protected leave, but, instead, you offer accommodation to the return date or to the job. This may happen by and indicating by your acceptance of a new role whether implied or direct in a communication or by your action - allowing them to clock in 2 weeks after their return date. At that point, you have allowed the employee to change their role and return.
My best advice - Your best bet is to stick to your guns and require the exact protected job be filled by the returning employee, and if they refuse to go back to their position on the date, they are required - treat their refusal as a resignation. You can always leave the door open and allow the employee to reapply for a new position at any time, while also offering no guarantees that any such position will be available or that they will necessarily be hired. Many employers land themselves in trouble by acquiescing and providing accommodation, at which time it becomes pretty impossible to fire the employee for failing to adhere to their original job responsibilities, because you have already made the accommodation.
Communications with employees on protective status should be clear, concise and on point. Do not engage in emotional warfare. If you do not trust your team to handle or the communication begin to tail spin, call me and our office will take over. Trust me, it is a lot cheaper for us to assist in the documentation stage then it is for us to step in as defense counsel upon a reporting to a state or federal administrative agency, or worse, defending a lawsuit…
Dear Jennifer,
An employee is refusing to come back to her full-time position after her maternity leave. She wants to come back part, Pick her days, And bring her child in on some mornings. She is getting pretty aggressive with the practice and accusing us of not valuing her. How do I de-escalate the situation? Appreciate your thoughts.
Thanks,
Dr. K
Answer:
State, and, if applicable, federal job protection laws require you to protect the employee’s job exactly as they leave it. Meaning, their status as full-time or part-time, days, hours, main responsibilities, title, salary, authority, etc., none of these key factors to employment should change on return. Should an employee refuse to return to the job you are protecting, they are not entitled as of right to a revised job description or role. In fact, their l refusal to return to their exact position is essentially a resignation. Where the employer can walk into a serious problem is when you do not require the employee to return to the exact position on the date they are required to return at the end of their protected leave, but, instead, you offer accommodation to the return date or to the job. This may happen by and indicating by your acceptance of a new role whether implied or direct in a communication or by your action - allowing them to clock in 2 weeks after their return date. At that point, you have allowed the employee to change their role and return.
My best advice - Your best bet is to stick to your guns and require the exact protected job be filled by the returning employee, and if they refuse to go back to their position on the date, they are required - treat their refusal as a resignation. You can always leave the door open and allow the employee to reapply for a new position at any time, while also offering no guarantees that any such position will be available or that they will necessarily be hired. Many employers land themselves in trouble by acquiescing and providing accommodation, at which time it becomes pretty impossible to fire the employee for failing to adhere to their original job responsibilities, because you have already made the accommodation.
Communications with employees on protective status should be clear, concise and on point. Do not engage in emotional warfare. If you do not trust your team to handle or the communication begin to tail spin, call me and our office will take over. Trust me, it is a lot cheaper for us to assist in the documentation stage then it is for us to step in as defense counsel upon a reporting to a state or federal administrative agency, or worse, defending a lawsuit…
Have a question for Jennifer? Email is best. You can reach her at Jennifer@Kirschenbaumesq.com.
