FMLA and Termination after Childbirth

Sue2

We have an employee who has been out six weeks with the birth of a child. She has now decided to stay at home with the baby and submit her resignation. Is she still entitled to the 12 workweeks of FMLA?

NaeNae55

Your question is confusing to me. Is it that you pay your employees when they are out on FMLA? As far as I know, most companies don't. We would say goodbye and good luck and pay them any remaining PTO they had left (which is unlikely to be much after 6 weeks off).

If you don't have a special benefit that pays the employee when they are on fmla, I would just term and handle the same as you would any other terming employee.

Good luck!

Nae

Sue2

We don't pay employees when they are out unless they have unused sick or vacation time. What this employee is doing is giving a four week notice and hoping we'll pay her insurance premiums. I know that we can request the money back for insurance premiums if an employee does not return to work. Would we be obligated to pay her premiums through the twelve weeks and then request repayment of premiums or should we just terminate? The employee is a department manager.

Thanks!

mwild31

No, she's not entitled. Accept her resignation and determine whether or not the company would like to collect the health insurance premiums they have paid on her behalf since she's been gone.

jmcaa

>No, she's not entitled. Accept her resignation
>and determine whether or not the company would
>like to collect the health insurance premiums
>they have paid on her behalf since she's been
>gone.


Ditto!

marc

One of the fundamental concepts around FML is the the EE's intent to return to work. Absent that intent, there is no FML.

In fact, you can rescind the FML that has been granted and try to recover any health insurance or other group insurance premiums you paid on this EEs behalf.