employee who is planning to move 300 miles away suddenly goes on disability

[barfbag388]

What is the name of your state (only U.S. law)? CA

 

[barfbag388]

I am employer. I have an employee who plans on moving approximately 400 miles away. She gave verbal notice that her last day would be next week. Today she visited her Dr. Who put her on Disability. Do we put her on an FMLA and wait 12 weeks before replacing her or, because she will be unable to return to work if she moves, can we replace her sooner?

 

[adjusterjack]

I'd say hand her a letter acknowledging her resignation effective such and such a date, thank her for being a valued member of the company and wish her good fortune in the future.

Do it quickly.

But, hey, I'm not an employment attorney and your company should be addressing the question to an employment attorney.

 

[cbg]

Oddly enough, this does happen once in a while - I agree with Jack.

You are not firing her because of an illness or disability. She resigned. Accept her resignation and be done with it.

 

[FlyingRon]

Dr. Who? Does the good doctor now do house calls? In which of his forms?

You NEVER have to wait to replace someone who is on FMLA. FMLA, when it does apply, just requires them to be offered a comparable position if and when they return.

I agree with other people. You're free to "accept" her resignation or outright fire her because of it, even if she does claim she is taking FMLA leave.