Q. One of our managers resigned a month ago, but she applied for
A. If the employee has truly “resigned,” her employment relationship has ended and she's no longer an “eligible employee” protected by the FMLA. However, in situations like these, sometimes the employee will deny having resigned and will demand reinstatement under the FMLA.
If you haven't already done so, send the employee a letter confirming the date of her “voluntary resignation.” If she responds by denying the resignation, you have two options: (1) Take a “hard line” and rely on her oral resignation, or (2) Ignore her “resignation” and treat her as an employee who has requested FMLA leave. Let the facts dictate your action. And in the future, ask all workers to put their resignations in writing.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Do you work for a state agency? Know FMLA's limitations on leave for self-care
- When FMLA leave expires, no need to offer more time off to balance work/life issues
- Consider extended leave as accommodation if disabled employee is likely to return to work
- The employee is well enough to do the job--do we have to grant intermittent FMLA leave?