Q. One of our managers resigned a month ago, but she applied fora day before she quit. Are we under any obligation to return her to a position from which she resigned? Are we obligated to offer her a job when expires?
A. Was her resignation effective immediately or at sometime in the future? Once she resigned, she was no longer an employee and has no continuing right to FMLA. She is not entitled to reinstatement if she would no longer be employed even if she had not applied for FMLA.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- How to successfully manage FMLA intermittent leave
- Manage return after intermittent FMLA leave
- Check your FMLA policy: Does it comply with new leave expansions?
- On the hook for FMLA transgression? Offer immediate reinstatement to cut liability