FMLA runs out-what to do?
I have a great employee whose FMLA leave will run out in 1 week. She may still not be able to return to work at that time. It has never happened before that an employee's FMLA leave has run out and the employee was still unable to return to work. Do I terminate her or keep her job for her? If I do not terminate her, will I be setting a precidence for future occurences similar to this one? For example, if I have another employee in the future who runs out of FMLA leave and does not return to work at that time due to a continued medical reason, but this employee is not one that I want to keep employed and I terminate her, would she have a legitimate reason to file a lawsuit because a former employee who ran out of FMLA but did not return to work due to a continued medical reason was not terminated? I just don't know what to do.