FMLA - EE Notice to Not Return
I have an EE out on FMLA from 10-25-2012 to 12-26-2012. The EE notified us on 12-12-2012 that he did not plan on returning from FMLA and put his resignation date as 12-26-2012. The EE is currently out of leave and will be on LWOP through his separation date. According to our policy, he would receive the holiday pay for the 25th and 26th if his time is designated as FMLA. My question is since we know he doesn't plan on returning, can we separate him now or is he entitled to FMLA designation through the 25th?