How long do I have to keep a position open after a staff member has utilized his/her short term disability benefits? A request to extend benefits was rejected by the insurance company due to lack of submission of medical information from the physician.

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This is a tough one because there can be so mnay circumstances. First of all make sure you communicate with the employee (in writing and verbally) to let them know that they do not have benefit coverage because of lack of information from the physician. Advise the employee that they are responsible for coordinating with the physician. In the meantime, it would seem that they are absent wthout approved leave, which may result in unsatisfactory attendance, which may lead to termination. You have to find a balance for being empathetic with the employee situation but also letting them know the consequences of the situation. Encourage the employee to get the information ASAP and allow a reasonable amount of time to submit the info. I would allow at least a week or two. That way if it is ever in question, you can prove that you allowed plenty of time for a response. Make sure you consider FMLA, ADA, etc. before replacing this person. Are you planning on terminating the employee? I have had to deal with this a number of times and each time we have taken a different approach based on circumstances. Those circumstances were both the employee's medical condition and our business conditions. I also contacted our corporate lawyer to review all of this.

Posted anonymously on Jun 29, 2010 - 1 Votes - Flag this post

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on Jun 28, 2010

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