Hi All!

I know this site is more for payroll, but I know we have some HR/Benefits 
people out there!!!

I have an employee who is threatening to sue us.  Here's the story.  This 
employee was out on FMLA for 12 weeks, and could not come back to work 
full-time at the end of the 12 weeks.  We terminated her based on the fact 
that her 12 weeks were up.  This all happened on a Thursday.  On Monday she 
decided to show up to work with a doctor's note stating that she could work 4 
hours/day.  We tried to explain to her that she was terminated because her 
leave had expired.  Now, a week later her doctor has released her to 
full-duty.  She is threatening to sue us because we won't reinstate her 
employment.  Based on all the problems we have had with her in the past, we 
do not want to bring her back.  Based on my knowledge of FMLA, we as an 
employer are within our rights to terminate her employement based on the fact 
that she did not come back within 12 weeks.  She is claiming that we did not 
communicate with her that her time was up, and she is going to sue us. I 
though once they extended their leave past the 12 weeks, we do not have to 
keep them on.  Any thoughts?

Thanks!!!


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