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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: 1 month ago.Category: Employment Law
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Answered in 1 minute by:
1/5/2018
Employment Lawyer: Loren, Lawyer replied 1 month ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 36,398
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.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

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Customer reply replied 1 month ago
Thank you
Employment Lawyer: Loren, Lawyer replied 1 month 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 1 month ago

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

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Employment Lawyer: Loren, Lawyer replied 1 month ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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Loren
Loren
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Category: Employment Law
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