I have an employee that has been on FLMA for more then 12 weeks, was I to send a letter out of termination?

 now a year and a half later he is wanting a reference like he still works here was not sending him out something right away a mistake?
i cant find anything that says i had too?


  • 3 Comments sorted by Votes Date Added
  • I don't believe that there is a legal requirement to tell an employee that his leave has expired. However, telling the employee that his leave expires on a certain date and that failure to return to work means that he is no longer employed would establish a date on which he was no longer employed.

     Maybe you could communicate in writing with the employee to tell him that his employment ended when his leave ended (and give the date). Then tell him that your reference will note his dates of employment. If he still wants the reference, then if it is your company policy to give references, you could.

  • Did you terminate him?  Is he terminated now?  Does he still have benefits?  What is your company policy on leaves?
  • I find it is generally a good practice to notice employees prior or at the end of the FMLA leave and inform/remind them of the impact to their employment with the company. If you did terminate the employee but didn't notify him, shame on you. If you didn't terminate him, then you need to respond as you usually would. If it's a year and a half later and you are just telling this EE that he's fired you are OVERDUE to revamp your LOA policies.
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