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ARRA - Not returning from FMLA Illinois

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  • DAW
    replied
    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.

    Leave a comment:


  • Tamtrag
    replied
    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.

    Leave a comment:


  • Betty3
    replied
    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.

    Leave a comment:


  • kcolg
    replied
    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.

    Leave a comment:


  • Pattymd
    replied
    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.

    Leave a comment:


  • kcolg
    replied
    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.

    Leave a comment:


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

    Leave a comment:


  • Tamtrag
    started a topic ARRA - Not returning from FMLA Illinois

    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?
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