Representing employers and healthcare providers in the areas of corporate law, litigation, managed care, labor and workers' compensation.

667-669 State Street, 2nd Floor
New Haven, Connecticut 06511
Tel (203) 787-7000
Fax (203) 787-7001

TERMINATION OF EMPLOYMENT FOR EXTENDED ABSENCES* 

  A.   Policy 

         Company X has implemented a termination policy for absences that are twelve (12) consecutive months or more for any reason, except as otherwise protected by law (e.g., military leave).

  B.   Return to Work 

        1.   The employee will not be considered to have returned to work for purposes of this termination policy until such time as the employee has returned and worked his or her regular schedule for four (4) consecutive weeks, without absence.

        2.   All paid and unpaid leaves of absence will be counted for determining if the employee is absent twelve (12) consecutive months; however, time designated under the federal or State Family Medical Leave Act shall not be counted toward absence. 

        3.   The employee will be notified by Company X, in writing, thirty (30) days prior to the expiration of the twelve (12) month period. This notice will inform the employee that his or her employment shall be terminated if the employee does not return to his or her regular work schedule within the next thirty (30) days. If the employee fails to return upon the expiration of the twelve (12) month period, employment will be terminated. 

  C.   Failure to Return to Work 

         An employee who fails to return to work at the end of any leave will be considered to have voluntarily resigned.

* The representations made in this article are the analysis of Letizia, Ambrose & Falls, P.C., who is responsible for its content.  The information and analysis are provided gratuitously and for information purposes only.  You are encouraged to consult with the appropriate legal counsel prior to relying on this information or analysis.