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Employees Who Do Not Return to Work

Your first sign that somebody may not return from FMLA leave is that he did not call and speak with you or his supervisor to confirm that he will be returning to work on schedule. Then the big day arrives and he doesn't clock in.

The first thing to do is to call the employee. This call can be made by either the human resource department or the employee's supervisor. If he is reached on the telephone, tell him that his FMLA leave ended today and he was expected back to work. If he has not used the full twelve weeks of leave, ask him if he is going to request an extension. Although ideally the employee would have requested an extension before the date he was supposed to return to work, you generally can't deny his request if he is still entitled to more time off.

If you are unable to reach the employee within twenty-four hours, send a certified letter to his home. The letter should indicate what date he was scheduled to return to work and that you are concerned and worried that you did not hear from him. Tell him that it is crucial that he contact the company at once, or the procedures for job abandonment will be started, and explain what these procedures are. For instance, if an employee is considered to have abandoned his job after three consecutive no-call and no-shows, state this in the letter. Indicate the date he will have been considered to have abandoned his job, and end the letter saying that you hope to hear from him at his earliest convenience.

This is a time to show concern for an employee if he was on leave for his own or a family member's serious medical condition; the condition could have become worse. Make every possible attempt to get ahold of the employee before starting job-abandonment procedures.

  1. Home
  2. Human Resource Management
  3. Family and Medical Leave Act (FMLA)
  4. Employees Who Do Not Return to Work
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