FMLA LEAVE NOT OFFERED

Judy0603

If one of our employees quits for medical reasons, but does not ask for a medical leave are we obligated to offer the leave

Hatchetman

If you have posted all the legal requirements about FMLA and employees are aware of their right to use it, then the employee is free to make whatever decision she wants to. Just becuase the employee said, "I am resignaing because of medical reasons" doesn't mean that she would be entitled to FMLA leave.

I would, however, make sure of whether or not you as the employer have met your legal obligations for posting and making employees aware of rights under FMLA. If you can show that, should she later file a complaint with DOL alleging she should have been given FMLA, then you'll be in a stronger position to show that you properly accepted resignation.

If you haven't met your employer's obligations, then, before you process the resignation, you need inform the employee of the existence of FMLA, and eligibilty to it, and then let her decide whether or not to utilize it.

But having said all that, I ask if the employee is someone you want to get rid of? Would there be any problem if you asked her about whether or not she wants to take FMLA and she decided to do that rather than resign even if you met the legla obligations of posting and providing information about FMLA?

Rockie

To be on the safe side, I would go ahead and ask the individual if they are aware of their FMLA rights and document that you had the conversation. It never hurts to go the extra mile with this law. Some former employees have a short memory when it comes to questions about notices that were posted, if they were aware of certain things, etc.