FMLA- RESIGNATION

507499

Employee gives two weeks notice which is accepted by the supervisor.
Two days later, the employee receives news that her mother is seriously injured in an auto accident in another state.Employee leaves immediately after notifying her supervisor.
Are we obligated to grant FMLA?

Gar

Since the employee will be on your payroll for the two week period, she is entitled to FMLA protection for that period.

WT

The leave is not the question. You must give the leave. The question is right of return. Under FMLA a person must be taken back to the same or equivalent job. The act does not preclude termination of employment but such cannot be a pretense. In other words, the employer must be able to show that even if the employee had been continuously employed, they would not have been employed at the time reinstatement was requested. You should be able to meet this burden with a signed resignation. The FMLA should not entitle the employee to change their mind and rescind the resignation.

507499

Good point Thank you