Complicated FMLA Q

chart1 · July 2010

I have an employee that gave us notice of her intent to retire at the end of August. She was then involved in a car accident and is currently on LOA; she has satisfied her documentation to have her leave covered under the FMLA; her 12 weeks ends mid-September. She has also subsequently asked to rescind her resignation. Am I obligated by law to allow her to rescind her resignation since she is on a protected LOA?

TXHRGuy · July 2010

Dig into "intention to return to work".

Chicago1 · July 2010

As long as she voluntarily resigned (retired), I don't think the employer is under any obligaton to allow her to rescind the resignation. Once an employee resigns, I don't see how it could be an adverse employment action to insist on accepting the resignation.

Complicated FMLA Q

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