resign then FMLA

Irie

What would you do if an employee turned in their resignation, you accepted it, then the employee became sick and was put on FMLA. Would you terminate their employment on the date they indicated even thought they were on FMLA? Thanks.

FunHRBanker

The employee resigns, then requests FMLA? Why would they do that and why would you?

davids

Assuming you receive the appropriate medical certifications, I would put the employee on FMLA. However, I would still terminate come the effective date of the resignation. If the employee asked to rescind the resignation, you would need to be consistent with any policy or past practice related to rescinding resignations.

FunHRBanker

With regard to benefits, employees on FMLA have a right to continue their benefits as long as they're making their contributions. Technically, if you've allowed this employee to resign, they would no longer qualify as active under your plan.

Irie

So come resignation date, employee is gone and benefits cease. If they become eligible for disability before their last day then the disability would cease on their last day of employment as well.

The employee may have suffered a heart attack which may be the reason for FMLA. It just happened today.

FunHRBanker

It just depends on how you want to handle it, how you've handled similar situations, and how your SPD reads. Our benefits terminate the day employment terminates. If you want to allow the employee to rescind the resignation, that opens the door for other benefits. It's a terrible coincidence, in my opinion.

Employee resigns. A week later (assuming they give 2 weeks notice), they request FMLA beginning after their termination date. In my opinion, that doesn't make sense. Once they are no longer an employee, they don't have FMLA rights as far as I know.

Irie

The employee turned in a resignation for the end of June. Today she left with chest pains to go to the hospital. So if it is a serious health condition the FMLA will begin today until her resignation date at the end of June. On that date all benefits as well as her employment would cease - is how I see it.

I would not let her rescind her resignation so that she could go on short term disability for 26 weeks and then quit.

FunHRBanker

Oh...I completely agree with what you did. She is still your employee so FMLA is appropriate.