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FMLA
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If an employee leaves out on FMLA and then decides she no longer wants this job or finds another job;however in the contract it states you have to give at least 30 days notice. Would she be required t
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FMLA
posted at 7/21/1999 7:58 PM EDT
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Posts: 1
First: 7/21/1999 Last: 7/21/1999 |
If an employee leaves out on FMLA and then decides she no longer wants this job or finds another job;however in the contract it states you have to give at least 30 days notice. Would she be required to return to work after her FMLA leave is up and continue working for thirty days. Any thoughts or comments will be greatly appreciated. |
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FMLA
posted at 7/22/1999 5:02 PM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
Probably not. According to the regs, once the employee expresses an intent to NOT return, the leave is over. If the employee stayed out for the additional 30 days afterwards, the notification criterion would have been satisfied.
The question would be when the employee starts the new job; if the employee is out on FMLA with your organization, how does that underlying condition affect the essential functions of the new employment, or, if released to do the new job, why is the employee not back at work with you? |
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