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If you have an over 65 year employee who is out sick on

Customer Question
If you have an...

If you have an over 65 year employee who is out sick on unpaid leave for 2 months, with no doctor's note , never filed for FMLA, can you terminate them?

Lawyer's Assistant: Have you documented this or discussed it with HR?

Yes

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Submitted: 11 months ago.Category: Employment Law
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Answered in 3 minutes by:
9/18/2017
Employment Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,259
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm sorry to hear about your situation. Technically, you would be able to fire them if they are an at-will employee and have not shown them for 2 months. However, what I would recommend to the employer is that they reasonably inquire as to whether the employee needs FMLA. It is possible that they may just be on vacation and they don't want to return to work. It is also possible that they have quit without actually telling the employer. On the other hand, if there is something that is keeping them from contacting the employer and the employee or terminates them without first offering FMLA, then the employee may be held liable down the road. The general rule is Dad wants to employ your has actual or constructive notice of an employee that may need protected leave, then they need to at least offer it to them. At that point, it's going to be up to the employee to take the necessary steps to complete the FMLA request. Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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