Legal Question in Medical Leave in Florida

Re: Can I seek employement after returning to work from FMLA?

The FMLA does not have any waitng period. However, resigning may affect your rights to accrued vacation and sick leave as well as health insurance under your company's policies. Check them if there are any.

Also, you are not entitled to FMLA protection if you do not intend to return to work (I can't tell from your question if that is the case or not). Thus, the company could potentially retroactivley deny your FMLA protection (if you do not return at all) which would mean that you did not have the right to health care benefits while out and the company could seek reimbursements for all premiums they paid and any other costs they incurred. That is an extreme scenario, but it is a possiblity you shoud be aware of.

Since the company honored your FMLA rights, it would be safest to return for a short while and then give notice, if at all possible. (Notice is not required - it is just a courtesy so the company can replace you.) However, you can certainly return and then resign if that is the best for your situation, and still be within your legal rights.

Just to be clear, you have to return in order to keep the FMLA rights including your health coverage retroactively for the period of your absence.

Jeff Sheldon

The Sheldon Law Firm

[email protected]

Caveat: This is general advice only and should not be relied upon as legal advice because all facts and circumstances are not known to the author.

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