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Q: When the 12 weeks leave has been used and the employee returns to work for two days and immediately starts calling in sick --what can be done?
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When the 12 weeks leave has been used for knee surgerey and the employee returns and immediately starts calling in sick --what can be done?

If you have a specific process for warning and subsequently terminating employees you should follow that process. If you have genuinely provided the required 12 weeks unpaid FMLA leave, you may generally terminate an employee if they continue to be absent. Since medical issues are involved, if you have a human resources or legal department or contact you might wish to check with them by providing the whole details before taking any action.


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