FMLA requested after retirement notice

[font size="1" color="#FF0000"]LAST EDITED ON 12-15-04 AT 08:08AM (CST)[/font][br][br]In early November a 16-year employee gave notice of intent to retire on Dec. 31. (He is 70 1/2 years old.) By mid-November he had unexpected health problems and by the end of Nov. was diagnosed with stomach cancer.

He requested FMLA leave because he wanted to keep his health insurance. He is looking at atleast an 8-week round of chemo and other treatments, although I have not gotten the FMLA paperwork back from the doctor yet, so I don't have the official information.

Is this employee still entitled to 12 full weeks, which just extends his health insurance since he does not plan to return to work after FMLA; or can we terminate on 12-31 since he had already given his notice for that date?


  • 3 Comments sorted by Votes Date Added
  • It would probably depend on how the employee gave the notice of intent to retire. Was it written? Who did employee inform?

    If you have information that he is retiring on Dec. 31st, then the FMLA can only last until that date. Normally, an employee on FMLA has to return to work for 30 days after FMLA or the employer can recoup their portion of the health premium.

    Also, under FMLA if the employee states or informs the employer that they don't intend to come back after FMLA expires, then you can terminate on that date.

    If someone knows any different, please jump in!
  • He is only entitled to FMLA through his date of retirement as he will not be an employee after that date. Since he is 70 1/2, he is eligible for Medicare and hopefully he already has this in place.

    I believe if a company offers health insurance this would be primary and Medicare would be secondary. If he leaves employment, he would only be entitled to Medicare.

    If your company wants to continue to cover him, they could extend his employment until his treatments are complete.
  • As far as FMLA it would expire on 12-31 his term date. Normally once the ER is made aware that the ee does not intend to return to work FMLA and its benefits are cancelled.

    But if you are offering the ee a severance package you can add an extra month health coverage as part of the package. Just a thought.

    Then COBRA would be the next step along with Medicare.

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