#1  
Unread 02-24-2004, 05:05 AM
Dgross
 
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Default Sample of FMLA Term Letter

We have an employee who will be exhausting their 12 weeks of FMLA soon. We will be terminating this employee (first time ever for our company). I was hoping someone would like to share a sample letter for terminating an employee in this situation. Thanks for any input.

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  #2  
Unread 02-27-2004, 02:59 AM
KP68
 
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Default RE: Sample of FMLA Term Letter

I too am interested in seeing this letter (strictly for proactive measures!).
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  #3  
Unread 02-27-2004, 03:07 AM
Dgross
 
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Default RE: Sample of FMLA Term Letter

So far, I have not received in response regarding a sample letter. Does that mean no one out there has ever terminated after the 12 weeks has been exhausted?
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  #4  
Unread 02-27-2004, 04:55 AM
Carey
 
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Default RE: Sample of FMLA Term Letter

We are very careful when terminating someone who has taken FMLA. You need to make sure the reasons for the term are very well-documented and have nothing to do with the FMLA leave. If you are terming the ee because they have indicated they will not be able to return within the 12 weeks, then you might want to make sure they are not ADA qualified. If they are, then extending the leave of absence might be a reasonable accommodation.

We have RIF'd people upon returning from a protected leave, but usually it's been a clear case of job elimination. Then we often still get a charge to respond to. We typically do not send termination letters. If I were in your situation, I would be working with our attorney to draft a letter and make sure we were okay with the termination.
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  #5  
Unread 02-27-2004, 04:57 AM
KP68
 
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Default RE: Sample of FMLA Term Letter

Now that I think about it, it seems that we did this a year or two ago, however it was a job-abandonment issue, i.e. violation of company policy and grounds for termination.
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  #6  
Unread 02-27-2004, 05:07 AM
Nat
 
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Default RE: Sample of FMLA Term Letter

[font size="1" color="#FF0000"]LAST EDITED ON 02-27-04 AT 11:09AM (CST)[/font][br][br]I do some version of the letter below when terminating someone not coming back from an FMLA leave. It may vary depending on the situation but this is the basic letter. Hope this helps.

Date



Jane Doe
111 FMLA BLVD
Anywhere USA, 22555

Dear Jane:

As you are aware, your Family and Medical Leave expires on _________________. In compliance with the Family and Medical Leave Act, because you are not able to return to work at this time, your position at Company Name will be terminated effective _____________. When you are released to return to work, you may reapply.

You will receive information regarding the continuation of any benefits for which you may be entitled from the Benefits Coordinator.

If you have questions regarding any of the above, please do not hesitate to call me at 999-9999.

Sincerely,



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  #7  
Unread 02-27-2004, 05:12 AM
Dgross
 
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Default RE: Sample of FMLA Term Letter

This situation relates to the fact that she has exhausted the 12-week allotment. She has indicated that her physician says she will not be able to return to any work for at least one year. We have decided to terminate only because of the 12-week issue.
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  #8  
Unread 02-27-2004, 05:52 AM
Dgross
 
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Default RE: Sample of FMLA Term Letter

Thank you so much. That was exactly what I was looking for!
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  #9  
Unread 02-27-2004, 06:48 AM
POPEYE
 
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Default RE: Sample of FMLA Term Letter

Carey from CA has a very valid point. I would NEVER mention FMLA and TERMINATION in the same letter. I do send out a letter advising an EE that they have or are about to exhaust their entitlement hours and that any absences after (date) will subject them to the companies attendance requirements. Then their termination would become effective as any other for violation of attendance policy.
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  #10  
Unread 02-27-2004, 11:01 AM
Carey
 
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Default RE: Sample of FMLA Term Letter

Just be sure you comply with company policy and that you have been applying them consistently. Do you have any other leave policies that might apply, personal leave or disability? If she's ADA qualified and depending on the type of company and position, a year leave might not be an unreasonable accommodation.
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