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FMLA & 2 Weeks Notice Tennessee

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  • FMLA & 2 Weeks Notice Tennessee

    Today is June 5, 2010. I am having surgery July 16, 2010. I know as of today that my last day of work will be August 27,2010; I am returning back to college and cannot work. When I have my surgery, the doctor has me returning August 10, with a possibility of an additional 3 more weeks. I will using paid FMLA for this surgery. My question is, should I put my notice in now, or wait til after I come back from surgery in August? I will not have worked 30 days when I come back and put my notice in though. This is where my concern comes in, I pay my insurance while on FMLA, so will I have to pay anything back to my employer for not working the full 30 days before resinging? Is this a Tennesse state law or a company policy? Also, If my doctor puts me out for an additional 3 weeks, that means that I will not return at all, what kind of situation am I looking at there?

  • #2
    You have 12 weeks of paid time off to use during your FMLA time? FMLA is, by definition, unpaid leave. The employer can require, or the employee can request, you use any paid leave you have on the books, but 12 weeks is a lot.

    In any case, once the 12 weeks leave is exhausted, you can legally be let go. The employer may or may not do that, but they legally can.

    If you do not return from FMLA leave, or even convey your intent not to return, the employer can require reimbursement of the employer cost of insurance they were required to pay on your behalf while you were on leave. Again, not saying they will, but they legally can.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      At my employer, we accrue both PTO (Personal Time Bank) for vacation and sick call-ins, and we also accrue EID (Extended Illness Bank) for any medical leave past 2 days. We are paid up to 12 weeks per calender year out of our EIB when we have surgery or a baby, but I am only taking 3-6 weeks off for this surgery. It just coincides with me going back to school full-time in August. I want to give my employer fair notice, but I do not want to shoot mys self in the foot either by giving it too early and them terminating me, i need my insurance for this surgery, or too late while I am off on FMLA and have to pay back those permiums in which they paid. Just sucks.


      • #4
        Tender your resignation upon your return. There will be much less animosity during your time off that way.
        Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

        I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.


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