Quote:
Originally Posted by mgatepi
Do you think she will claim retribution (for taking FMLA) as the reason why she was fired? Think you will be in court? YES
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If she is going to be fired, it will be because she didn't show up for work. We have held her job open for her and have continued paying her medical, etc. However, on 01-25-2016 she will have exhausted her family leave (60 working days off) and we no longer have to hold her job for her. I understand that family leave gives the employee rights but after 60 days, I believe they lose any continued rights. If she comes back before the 60 days, we are screwed and won't be able to terminate without it looking like retaliation.
I was mostly concerned about the notification that we have to send her in advance of the 60 days and how much notice do we have to give her (this type of info is not published in an employee handbook. The handbook basically tells the employee that we will hold the job for a specified period, which we have done).