Do we have FMLA reinstatement obligations if employee asks for leave and then quits? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Do we have FMLA reinstatement obligations if employee asks for leave and then quits?

by on
in FMLA Guidelines,Human Resources

Q. One of our managers resigned a month ago, but she applied for FMLA leave a 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 FMLA 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.

Leave a Comment