FMLA Termination Letter

The Family and Medical Leave Act (FMLA) provides employees with up to 12 weeks of unpaid leave during a 12-month period. The law applies to eligible employees. An employer cannot fire an employee for taking FMLA; however, the employer can take action to protect company interests if the employee cannot or refuses to return to work after the 12-week period via an FMLA termination letter.

Format and Content

This should be written by an employee or person who is an expert in employment law in order to stay true to the FMLA termination letter format. In some cases, extending the leave is preferable to responding to a lawsuit. The letter can be used as a warning or an official termination notice. It must include the reason for the termination and the date of the termination along with information related to pay and benefits the employee may have coming.

Sample

This FLMA termination letter sample is written to an employee who failed to notify the company concerning her intention to return to work. The employee is given the benefit of the doubt and extra time to contact the human resources director. In this case, the termination letter is used as a warning. If the employee fails to contact the organization, she will be terminated for job abandonment.

Dear Ms. Moris,

This letter concerns your leave under the Family and Medical Leave Act. Please read the letter carefully. Your leave under FLMA is set to expire on September 10, 2013. In accordance with our company policy, you must inform the company of your intent to return to work within 2 weeks of FLMA expiration.In addition, we require documentation from your health care provider that states you are cleared to return to work on or before the date given above.

I understand that you requested leave to deal with a sudden and unexpected medical illness. I hope you are recovering from the illness and the required surgery and that you are quickly returning to full health. If your recuperation is taking longer than expected, I encourage you to notify me immediately. Depending on the workload in your department, you may be able to request a leave extension. Unless you have accrued PTO, this leave will be without pay.

If you are unable to return to work, you may resign from the organization. According to your employee record, you are a dedicated and loyal employee. If you select this option, you may reapply with our company again in the future. If you would like to discuss your options, or to declare your intention to return, you may call me at (555)-555-5555.

I must hear from you within 5 days of your FLMA expiration date. At this point, you have already passed the notification deadline noted in the company policy. Please call me on or before September 5, 2013. If I do not hear from you, I will assume you have elected to abandon your position with the company and your position will be terminated. In this case, information will be sent to your home address regarding eligibility for COBRA insurance coverage continuation.

I sincerely hope to hear from you soon. I look forward to your return.

Regards,

Keith Baltwood

Mr. Keith Baltwood

Human Resource Director

Kenwood Building Supply