I have been doing HR for a small company for about 9 years now. I have only had three employees request FMLA the entire time I have worked here. I am currently in a situation that is so completely frustrating I could explode, and I can't seem to find an explanation anywhere! One of our employees was involved in a car accident back in Nov. 2009. Her injuries prevented her from returning to work (she is a nursing assistant in an assisted living home for the elderly). The employee formally requested her 12 weeks of FMLA leave beginning Nov. 19, 2009. She provided me with monthly notes from her doctor stating she was unable to return to work. Although her FMLA protection was exhausted around Feb. 11, 2010 I kept her status as employed hoping she would be able to return. Several more months go by and around June we hire a few CNA's in the building the employee used to work in. About a week after hiring, I get a call from this employee telling me she is released by her doctor. By this point, however, we don't have a position available for her. She requested a letter stating the date she was formally taken off payroll. A week later I get something in the mail from the Department of Labor saying she is being granted unemployment insurance. I TOTALLY DO NOT UNDERSTAND THIS. Our company followed FMLA guidelines, even went above and beyond them for this person. We were WELL within our right to terminate her, so how can she win unemployment??? If someone can't return to work after exhausting 12 weeks of FMLA, what do we as an employer do? If we let them go, will they be granted unemployment? What other options do I have if this situation comes up again? My company HATES paying unemployment. They hold me accountable for making sure people are terminated for cause and will therefore not be eligible for unemployment benefits. Please help. Also, I am in the state of Georgia if that makes a difference. Thank you.