[Tidybuoy]

I have an employee that is currently out on Family Leave Act. The employee is my Human Resource Director and is NOT sick, but instead working the system.

Details:
12 weeks ago, this employee was fearing she was going to lose her job. Probably was going to be let go after numerous issues. The day before she went out on leave, she had a meltdown in the office which included balling her head off and claiming that the owners don't like her anymore and weren't returning e-mails. For the record, the owners own several companies and are extremely busy. It's hard for any of us to get ahold of them without sending multiple e-mails.

The following day, the HR Dir sent an e-mail stating that she felt dizzy and immediately went to the doctor who put her on bed rest for two weeks. When the two weeks were up, she sent another e-mail stating that the doctor has extended her bed rest for approx. 2 months and would be back on 01/04/2016. With her initial e-mail, she stated that she had completed all the family leave paperwork. We followed up with sending her the required forms and she did have her doctor complete his part.

Again, on the day she is supposed to be back, she sends an e-mail stating the doctor extended another month but would like to work from home, if possible. (the answer is NO). She is now scheduled to be back 02/01/2016.

Keep in mind, she has not checked in one single time during her absence. No communications with her staff, no nothing. At the time, she was in the middle of planning the company Christmas party and never even let us know where she left off (i.e., renting a venue, caterer, etc..)

SO, She hits 60 days absence 01/25/2016. Our intent is to let her go after this.

We have a temp HR person filling in and this person is telling me that we have to send advance notice to our HR Director that her family leave is up 01/25/2016 and that she is expected to be back to work on the 26th. IS THAT CORRECT?

I intend to check with our external council but I'm just checking to see if anyone knows the rules. My fear is that she comes back on the 26th and I only want to notify her of the bare minimum that I am required to do. To some, this may seem harsh but if you knew the history on this person who should never have been hired and has a terrible performance record, getting rid of her is very justified but unfortunately all of her performance issues have not be well documented, which is sometimes hard to do when you are dealing with the top HR person.

Any advice would be appreciated.