Verbal Resignation while on FMLA leave?

Java HR

I have an employee who called while on FMLA/Maternity leave to state she is not coming back. Now on the final day of her 12 weeks, she calls to see if she can come back. What is the legal obligation? We replaced her when she gave her resignation 2 1/2 weeks prior.

LivindonSouth

You're in the clear, is my opinion. If she indicated she was not coming back and you acted on theat information, you did not violate her FMLA rights, and that would be the only thing to be concerned about, should she file some sort of complaint with DOL.

Typically, though, we should protect ourselves by sending out a certified letter affirming our understanding of what occurred, her resignation. The more documentation you have, the better your defense. Good luck.

LarryC

I agree with the Gentleman from Mississippi. The more documentation you have, the better. I assume your FMLA paperwork is up to snuff. You should be OK.

Java HR

Thank you for your help.