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ARRA - Not returning from FMLA Illinois

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  • ARRA - Not returning from FMLA Illinois

    Under the ARRA we must designate whether an employee was terminated involuntarily or voluntarily to determine whether their COBRA cost is covered by the government up to 65%. If an employee is placed on FMLA and fails to return after 12 weeks because they are not well enough to return, would this be considered voluntary or involuntary termination?

  • #2
    I would say involuntary. They were terminated through no fault of their own if they could not medically return to work.


    • #3
      I disagree

      If an employee does not return to work due to thier own health condition, that is not the fault of the employer either.

      If an employee does not return from FMLA, then they have resigned thier position with the company.


      • #4
        Originally posted by kcolg View Post
        If an employee does not return from FMLA, then they have resigned thier position with the company.
        And I disagree with that, if the employee is not medically released to return to work as in this particular case.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          I have been corrected....

          After further debate with my co-HR roommate, I must concede on this one. It would be involuntary, and not voluntary.


          • #6
            You have a smart co-HR roommate.

            If they can't return after the 12 weeks due to still being disabled & are terminated/fired, that would definitely be involuntary.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


            • #7
              Found the Answer

              IRS recently released Notice 2009-27 which clarified that while an employee’s absence due to illness or disability will not constitute an involuntary termination, an employer’s action to terminate the employee while he or she is absent due to illness or injury will be deemed an involuntary termination.

              Thanks all.


              • #8
                Good for IRS. They seem to be making a real effort to address this stuff. Not instantly or perfectly, but reasonably quickly and they seem to be correctly their mistakes.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)


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