FMLA and Pending Resignation

So, an employee informs that she will not be returning from leave covered under FMLA - she is resigning. I ask the obvious question why is she waiting until after the leave, she answers medical insurance. Apparently she does not want to resign and have to make payments under COBRA. The employee does have a serious health condition. Have any of you run (or heard of a) into a similar situation? What did you do?

Comments

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  • I think your hands are tied. I would not do anything unless I had her resignation in writing. Obviously she is not going to give you that. Doing otherwise could cause you a multitude of problems, including FMLA retaliation. The good news is she gave you warning so you can start looking for her replacement. She could have dropped the bomb at the last minute.
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