FMLA Waiver

dlwms63

I have an employee who has stated in her resignation letter that she is leaving because of health problems.  This lady has worked for a number of years and has available Sick Leave days and definitely eligible for FMLA.  When asked about taking the available leave days, she simply opted to say that she has made and satisfied with her decision to simply resign.  If I understand FMLA, I must make an effort to define her health problems.  Also, if she is, in fact, eligible for FMLA, even if she chooses to resign, would she be "required" to take the 12-week period and benefits continue rather she wants them or not?

Thanks for responses....

TXHRGuy

A person who is not an employee is not eligible for FMLA.  The Company may, out of a big heart, extend 3 months of benefits and a right to reinstatement even those she has resigned but that sets one heck of a precedence for other employees.  I wouldn't.  What I would do is write a letter, sign it, and have her sign a copy of the letter on a line indicating that she received it.

In the letter, I would say that she has benefits that are or may be available to her and that the Company wants to be clear that she is free to use these benefits to try to treat, manage, or recover from her condition rather than resign her position due to what are as yet unknown health conditions.  I would communicate that sick time is available and that she meets eligibility requirements for FMLA leave if her condition is qualified as a serious health condition.  I would outline FMLA requirements and benefits.  I would set a deadline after which her resignation is accepted with best wishes for her future.

I would strive to obtain her resignation in writing.

Sometimes people resign "due to health conditions" because they just don't want their reasons for resigning questioned and they are perfectly healthy.  People get worked up over resignations and use various tactics to try to make it as smooth as possible.