Sample Termination of Employment Letter (Family and Medical Leave Act (FMLA) Leave)

This article provides a sample termination letter and guidance for employers when ending an employee's job after they have exhausted their Family and Medical Leave Act (FMLA) leave. It highlights the importance of following FMLA regulations and taking a careful, considerate approach to mitigate legal risks and reputational damage.

Key Points:

• Verify the employee has used all 12 weeks of FMLA leave
• Review the employee's medical condition and ability to perform job duties
• Ensure termination is not retaliatory or discriminatory due to FMLA leave

Letter Structure:

Closing Remarks:

• Express appreciation for the employee's service and contributions
• Offer assistance and support during the transition period

Additional Guidance:

• Seek legal and HR advice
• Compare leave and accommodation requests against policies and legal requirements

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Before Termination

Before ending an employee's job after they have used up their Family and Medical Leave Act (FMLA) leave, employers must take certain steps to ensure a smooth and lawful process.

Verify Leave Exhaustion

Employers should confirm that the employee has used all 12 weeks of FMLA leave and any additional reasonable accommodations under the Americans with Disabilities Act (ADA). Review the employee's leave history to ensure they have taken all available FMLA leave.

Review Medical Condition

Employers should also review the employee's medical condition to determine if further leave or accommodations are required under the ADA or state laws. This may involve consulting with the employee's healthcare provider or reviewing medical documentation to assess the employee's ability to perform their job duties.

Avoid Retaliation or Discrimination

It is crucial to confirm that the termination decision is not based on retaliation or discrimination due to the employee's use of FMLA leave. The termination must be based on legitimate, non-discriminatory reasons, such as poor performance or misconduct, and not motivated by the employee's use of FMLA leave.

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Letter Structure

When writing a termination letter for an employee on FMLA leave, it's crucial to include all the necessary details. A well-structured letter helps avoid legal issues and maintains a positive relationship with the departing employee.

Header Details

Start with the date and the employee's full name and address at the top. This ensures the letter reaches the employee and serves as a record.

Body Content

Clearly state the purpose, mentioning the specific FMLA leave dates, explaining that the leave has been exhausted, and specifying the termination date. Be direct and avoid ambiguity.

Benefits Information

Ensure this section is thorough and accurate.

Company Property Return

List all company property the employee must return, such as:

• Laptops
• Phones
• Other materials

Provide contact details for coordinating the return.

Final Pay Details

Specify:

• Date and method for receiving the final paycheck
• Request for updated mailing address, if needed

Follow this structure to ensure your termination letter is comprehensive, clear, and legally sound. Tailor it to your organization's policies and procedures.

Closing Remarks

Expressing Appreciation

At the end of the termination letter, it's important to express appreciation for the employee's service and contributions to the company. A respectful and professional tone helps maintain a positive relationship with the departing employee. A simple statement acknowledging their dedication and hard work can leave a positive impression.

Offering Assistance

Additionally, offer assistance and support to the employee during this transition period. Provide contact details for any questions or concerns they may have following their termination. This could include HR contact information, a dedicated email address, or a phone number. By doing so, you demonstrate a commitment to their well-being and a willingness to help them navigate any challenges they may face.

Additional Guidance

Get Legal and HR Advice

When firing an employee who took FMLA leave, get advice from legal experts or HR professionals. They know the laws and can guide you through the process correctly. This helps avoid lawsuits and damage to your company's reputation.

Compare Leave and Accommodations

To make an informed decision, compare the employee's medical leave and accommodation requests against your policies and legal duties. Use a table like this:

This table clearly shows if the employee's requests match your policies and the law. It helps ensure you follow all rules when making the termination decision.