Human Resource Blog

Termination Letter requirement for FMLA leave

Is the employer required, by law, to send a letter of termination to an employee who has exhausted his/her qualified FMLA leave? Or should the employer just wait to be contacted by the employee? The employee was notifed of all FMLA rights and requirements at the commencement of the leave.

There is no law requiring that an employer send a termination letter under these circumstances– however, it is a best practice in HR. Many employers would send a letter telling the employee to return on a certain date or face termination. Others would send a certified letter telling the employee they have been terminated due to exceeding their unpaid leave under FMLA. Still others would provide that information in person (if possible), by email or by phone.

Under some circumstances, when an employee has a permanent disability, the employer may be required to provide additional unpaid leave under ADA, the Americans with Disabilties Act. One reason employers notify employees of the end of FMLA is to avoid being sued for disability discrimination.

If your plan is simply to wait until this employee *returns* to work to tell him/her that he/she was terminated…that does not strike us as demonstrating a positive leadership style. It also increases the risk of a confrontation, with the potential for violence by the ex-employee.