FMLA legal obligation to employer

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FMLA legal obligation to employer

I am currently on FMLA. I was contacted
and interviewed with a other company.
What is my legal obligation to my
current employer? Can I return to work
and then put in my notice without
having legal ramifications?

Asked on October 21, 2016 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Using FMLA does not obligate you to return--you could even put in your notice while still on FMLA.
If you are returning only to vest in some payment or benefit, and return only briefly without telling your employer that you will be leaving (but rather lead the employer to believe you will be staying) so that you do vest, then that could get you in trouble: that could be considered fraud (lying about something material, or important, such as your intentions, to induce your employer to let you return to work--since if they knew you were going to quit, they would not have to--so you can get some  payment or benefit from them). 
So this could be an issue only if you are essentially lying to your employer to qualify or something you'd not qualify for if they knew you were leaving. Otherwise, it is legal.


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