Legal Question in Medical Leave in Florida

Non return of employee after FMLA leave

We have an employee who has been on FMLA. This person is not capable to return to work after the 12 week limit. It is unknown if this employee will ever be able to return to work. How do we go about legally terminating this employee. Is there any special paperwork that needs to be filed.


Asked on 5/14/09, 11:57 am

1 Answer from Attorneys

Bob McCormack Lewis Brisbois Bisgaard & Smith LLC

Re: Non return of employee after FMLA leave

There are always collateral issues relating to the decision to terminate someone's employment who has been out on leave. This is one scenario in which that employee is likely to seek legal advice.

Issues which will be explored include not only whether the person had a disability or a perceived disability under the new amendments to the ADA, the reviewing attorney may cover all bases including potential areas of discrimination and even whether overtime was paid to this and similarly situated employees.

While there is no "form" to fill out there should most certainly be communication to the affected employee.

We can provide guidance on the many variables and assistance in the communication process, if necessary.

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Answered on 5/14/09, 1:13 pm


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