I have an employee who left on January 27th per Family Medical Leave Act of 1993. I have no written notification from him. He has no written notification from us. Am I required to notify him?
From United States, Houston
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From United States, Houston
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Obviously, you are within the guidelines of the Act (i.e., 50 employees), and the employee who is currently Away Without Leave (AWOL) has been in the company's employ for at least 12 months.
When he made the request for FMLA Leave, I assume he presented a certification from someone that the Leave was necessary. That certification should have stated the duration of the leave and whether it was intermittent or continuous.
If no certification was presented, he had to present a reason for the leave to someone who accepted it; otherwise, it would not be FMLA but a normal Personal Leave (up to 30 calendar days if the Company had such a policy).
The Company also has the right to demand that the employee provide periodic updates, at least monthly, from the person(s) who certified the need for leave.
I am also assuming that the employee has not made any (if required) contributions to medical plans, union dues, and the like.
Since the employee has been AWOL for more than 12 weeks, which is the limit of the FMLA (and most states), I would send a certified letter, return receipt requested, informing the employee that since he has not contacted the Company since the start of the leave, he has been "dropped from the rolls" (terminated) as a "voluntary quit."
I would be interested in the outcome. If you have any questions, feel free to contact me at
From United States,
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9When he made the request for FMLA Leave, I assume he presented a certification from someone that the Leave was necessary. That certification should have stated the duration of the leave and whether it was intermittent or continuous.
If no certification was presented, he had to present a reason for the leave to someone who accepted it; otherwise, it would not be FMLA but a normal Personal Leave (up to 30 calendar days if the Company had such a policy).
The Company also has the right to demand that the employee provide periodic updates, at least monthly, from the person(s) who certified the need for leave.
I am also assuming that the employee has not made any (if required) contributions to medical plans, union dues, and the like.
Since the employee has been AWOL for more than 12 weeks, which is the limit of the FMLA (and most states), I would send a certified letter, return receipt requested, informing the employee that since he has not contacted the Company since the start of the leave, he has been "dropped from the rolls" (terminated) as a "voluntary quit."
I would be interested in the outcome. If you have any questions, feel free to contact me at
From United States,
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