Term Date?

FunHRBanker

We have an employee out on FMLA for the birth of a child. We are allowing her to split her 12 weeks of time into two blocks and now have a suspicion that she may not return at all. IF this is the case and she tells us right before her expected return, when is she considered termed, at the beginning of her leave or on the date she gives notice? This is all hypothetical right now, but I want to be prepared!

Susan in La

I wouldn't consider her termed until the end of her 12 weeks of FMLA, otherwise she might sue and say her rights to FMLA were denied.

FunHRBanker

Even if she submits a resignation letter?

Susan in La

If she submits a letter of resignation, you can use the date the letter states as her effective date.

NaeNae55

I actually had this happen. We had to pay employer portion of insurance while EE was out. She termed instead of returning. We termed her as of the date of resignation. I understood that we could have gone back for premiums, but it wasn't worth the possible lawsuit. Even if you win you still have to pay a fortune defending your case.

Good luck!

Nae

FunHRBanker

That's probably what we would do also, but I wanted to check on others' practices. Thanks!

FunHRBanker

We received verbal notice from the employee that she would return for the time agreed upon (thru August), but that she would be leaving after that. While I do not begrudge her for staying home with her child, I feel used and abused. It had to be at least in the back of her mind since the beginning of her leave (if not before) as she had not even looked for childcare...sigh...this too shall pass.

I have advised the supervisor that we need a written resignation ASAP because otherwise technically, she could RTW for the period we agreed on, and finish out her leave as originally planned, then quit then. It would work out to her advantage as far as insurance goes. We will NOT be pointing that out!