Employee’s resignation stops your FMLA obligation — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Employee’s resignation stops your FMLA obligation

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in FMLA Guidelines,Human Resources

Q. One of our managers resigned a month ago, but she applied for FMLA leave a day before her resignation. Are we under any obligation to return her to a position she resigned from? Are we obligated to offer her a job when FMLA expires? —T.K., Massachusetts

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.

{ 1 comment… read it below or add one }

Keri Spears August 21, 2017 at 12:30 pm

We have an employee who submitted a written letter or resignation while she was currently on FMLA for the birth of her child. Do we as the employer have an obligations to this ex-employee? She is requesting to be paid 16 hours of convenience (PTO) of which she would have accrued if she had returned to work after her FMLA leave was exhausted.


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