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Medical leave and termination

Discussion in 'Human Resources' started by txls, Jan 19, 2015.

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  1. txls

    txls Law Topic Starter Well-Known Member

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    If someone is out on FMLA and is diagnosed with terminal cancer, at what point do you consider the employee terminated?
    Is it enough to be notified by a family member that the employee is not coming back? Or do we need to hear it from the employee?
    Or do we need something from their doctor?
     
  2. army judge

    army judge Super Moderator

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    If it were me, I'd want it in writing, if possible.

    Miracles do happen, now and then, and physicians are sometimes wrong.

    However, the best source of the prognosis would also be the physician managing the employee's care.
     
  3. ferretrick

    ferretrick Member

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    I'd agree with army judge. Ask if you can just get a written resignation for your files. Alternatively, send the relative something the employee can sign to make it as easy as possible.
     
  4. Betty3

    Betty3 Super Moderator

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    Since you were told the employee is not coming back & you will not be waiting for the 12 weeks of FMLA to be up to terminate, I agree on handling as above. I would get a written resignation from the employee to protect yourself (the business).
     
  5. ElleMD

    ElleMD Well-Known Member

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    Terminal does not mean never able to work again. My father has terminal cancer and does work very PT (he is retired) and has for 3 years now. If the employee has informed you they will not be returning to work, as with any other employee, ask for it in writing and terminate effective whatever date makes sense.
     
  6. txls

    txls Law Topic Starter Well-Known Member

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    Thanks everyone for the responses. We actually had two individuals in this situation recently. We all pretty much "knew" they weren't coming back and their family members were telling us they weren't coming back but the employees were telling us they were.

    One individual did pass away and the other did finally come in and announce his retirement.
     

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