Employment Law

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I have an employee out on FMLA that was to return on January…

Customer Question
I have an employee...

I have an employee out on FMLA that was to return on January 3rd. They have not been in correspondence or called, returned calls ect. Their paperwork states that they would be out for 6 weeks. They started FMLA on November 20, 2017 and due date that they submitted to return on January 3, 2018. Can we move on with hiring someone for their position which is critical to our business.

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 state of Tennessee

Submitted: 4 months ago.Category: Employment Law
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Answered in 1 minute by:
1/5/2018
Employment Lawyer: Loren, Lawyer replied 4 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 37,807
Experience: More than 30 years in legal practice.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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Customer reply replied 4 months ago
Thank you
Employment Lawyer: Loren, Lawyer replied 4 months ago

FMLA is not a magic shield from termination. It only protects the employee from termination for requesting or taking lawfully approved FMLA leave.

If they fail to return to work after the expiration of the leave then it is an unauthorized absence form work and they can be lawfully terminated for cause.

So, terminate the missing employee in writing for the unauthorized absence and hire a new employee.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Employment Lawyer: Loren, Lawyer replied 4 months ago

Did you have further questions? Have I answered your question? Please let me know.

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Employment Lawyer: Loren, Lawyer replied 4 months ago

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Loren
Loren
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Category: Employment Law
Satisfied Customers: 37,807
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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