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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 54246
Experience:  Licensed attorney helping employers and employees.
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I have an employee who gave notice and his last day would be

Customer Question

I have an employee who gave notice and his last day would be June 30th. On June 30th he notifies us he intends to stay but will not return until August 15th and will be out on medical for anxiety, but he is also in another state with his family. His anxiety is over his decision to move where his sister has just moved. I had him fill out FMLA paperwork and I received it. It says for him to give me updates every 2 weeks while out which I did not get. He notified his supervisor in a text July 28th he will not be back because he has decided to stay near his sister. I want to charge his time off from June 30th as Annual leave, not sick leave and use the date of his first text July 28th stating he will not be returning, as his last day. What are my rights? He stated he will contact the DOL as he is arguing his last day will be Aug 12th because he is out on sick leave. He also did not provide updates every 2 weeks while out on FMLA and it is stated in the FMLA paperwork he has to do that. Any thoughts?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Infolawyer replied 5 months ago.

Hello

Expert:  Infolawyer replied 5 months ago.

Legally, you are in the right based on what he directly communicated and his failure to comply with terms.

Practically, if he pursues a labor board complaint and then consider a discrimination or retaliation case with a lawyer, the cost and legal fees will be many times your agreeing to a slight extension - even if you prevail in defending.

Expert:  Infolawyer replied 5 months ago.

Kindly let me know if that is fast and clear.

Expert:  Infolawyer replied 5 months ago.

Kindly rate me positively, and if I may clarify anything reply back and let me know!

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