FMLA - EE Notice to Not Return

alysaneilson

I have an EE out on FMLA from 10-25-2012 to 12-26-2012. The EE notified us on 12-12-2012 that he did not plan on returning from FMLA and put his resignation date as 12-26-2012. The EE is currently out of leave and will be on LWOP through his separation date. According to our policy, he would receive the holiday pay for the 25th and 26th if his time is designated as FMLA. My question is since we know he doesn't plan on returning, can we separate him now or is he entitled to FMLA designation through the 25th?

Still Need Coffee

Welcome and congrats on your first post!

In general, while it's nice when your employees give you some notice, you are not required to accept the notice - you can say, "thanks but we don't need you to work out your notice, your separation date will actually be today."

This is true even when someone is on FMLA - in fact, you can find this statement on the DOL FMLA website:

"Employees who give unequivocal notice that they do not intend to return to work lose their entitlement to FMLA leave."

I think that should do it, and you're safe in terming now.

sonny

Agree, as usual, with coffee

Sharon McKnight SPHR

[quote=alysaneilson;724713]I have an EE out on FMLA from 10-25-2012 to 12-26-2012. The EE notified us on 12-12-2012 that he did not plan on returning from FMLA and put his resignation date as 12-26-2012. The EE is currently out of leave and will be on LWOP through his separation date. According to our policy, he would receive the holiday pay for the 25th and 26th if his time is designated as FMLA. My question is since we know he doesn't plan on returning, can we separate him now or is he entitled to FMLA designation through the 25th?[/quote]


Your first post! Welcome to the Forum. :welcome:

Sharon