Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.
Basically what you'll need to do in this situation is write her a letter essentially repeating what has been said - i.e., she told you she is having vision problems, doesn't know if or when she can return and is goiing to apply for disability. Follow this by stating that if she doesn't return to work within a week she will be considered to have resigned her employment.
With that being said, because you are a small employer none of the benefits or "job holding" laws - ie. COBRA
apply to her. You do not have to continue her health insurance after the date you declare will be her resignation, you do not have to give her 12 weeks leave, you do not have to rehire her in the event it is determined she is not disabled.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.