What if the employee chooses not to return to work after FMLA leave?

If the employee informs the FMLA Coordinator that they will not return to work, the State’s obligation to:
•    Restore the position, and
•    Maintain health benefits (except under COBRA)
ends immediately.
However, if the employee states they are unable to return yet intend to return later, restoration and health benefits continue through the end of the 12-week FMLA period.
For more information, visit the State of Tennessee Attendance and Leave Manual.