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Employee wants to resign right after FMLA leave–so do we have to grant it?

01/03/2017

Q: “I have an employee who made her plans to resign and relocate to another state known to co-workers. Her intent to resign was not put in writing. At some point after sharing her plans, she requested FMLA leave due to the adoption of a child. When HR received her request for leave, she was asked to clarify her intent to resign. The employee states she does not have a definite date of resignation. However, she did confirm that she has no intention to return to work following leave. Does the pending resignation stop our FMLA obligation? Should the employee be granted FMLA leave even though she has no intention of returning to work? Should a designation notice be issued?” – Kaleista, Ohio

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