My company is a consulting firm that will be going to undergo a layoff due to the current economic conditions. On the termination date, one of the people slated for termination will be on a previously-scheduled personal leave and will not be returning until a week after the others are terminated. Is it legal to consider their termination date the same as the others that are affected, or must their termination date be the date on which they are officially notified of the termination. The situation is somewhat muddied in that we do not require employees to accrue personal leave before taking it, and they will be substantially over the amount they would have accrued as of the termination date.
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