Q: I work in HR, and I have an employee who is on intermittent FMLA. They mentioned quitting, what else should we do?
The EE received their rights and responsibilities under FMLA. However, this EE likes to "play chess" in a sense that they may potentially come after us even though they voluntarily resigned and we have followed the law and rules to a T. We informed them of what their leave is allowed for and for how long under I-FMLA cert. Is there anything else we can do to protect ourselves in case they come after us legally?
A:
Have you requested the employee to sign a general release and waiver of their right to sue you? Of course you would offer them some adequate consideration in return, which may be almost anything of value. And remember, every employee now has at least 21 days by law to sleep on, consider your offer. It is a minimal, mandatory period of time in New York.
You really should retain an employment lawyer to help you. Given COVID, and how the practice of law has changed, you have an entire State of skilled, potential employment lawyers to choose from; at least those who have not represented this employee or have no other conflicts of interest.
A: More facts are needed for an attorney to suggest the right course of action. I suggest you retain one.
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