fmla - resignation

mmurnahan

A management employee is about to have disciplinary actions taken against them. So the employee turns in their resignation. Which the organization accepts. Then the employee takes a week vacation, which is approved, and during the vacation, the employee calls and states that their parent had a stoke and wants to apply for FMLA.

Since she is an active employee working for at least 1 year, we need to offer her the FMLA leave. But since we were in the process of termination, and she resigned, do we have to hold her job open for 12 weeks?

I just sent her the paperwork, so I'm not sure what the physician statement will be when returned.

LindaS

No you do not. She tendered her resignation BEFORE she requested the leave so you can go ahead and fill the position.

aingram

I agree with Linda. She turned in her resignation before she requested FMLA. You do not have to let her rescind her resignation, especially if you were already in the process of termination. Fill her position, and wish her well.

Amanda

mmurnahan

Thanks... So we don't have to offer her the FMLA, or we offer her FMLA and proceed with the job posting. And do you have anywhere that I can reference this. We some management members that feel FMLA is not applicable and some who feel it is. And I just wanted to know if there was anywhere I can show in black and white the we don't. Thanks a bunch

LindaS

Since she is currently an employee, offer her the FMLA and state that it will run through her current termination date. You don't have to go any farther than that. As far as someplace you can find this specific in writing, maybe someone else can help you but you may want to try [url]www.dol.gov[/url].