Employee Termination Letter
(FMLA, Failure to Return to Work and Contact Employer)

Summary

This employee termination letter can be used when an employer terminates an employee who fails to contact the employer during leave under the Family and Medical Leave Act (FMLA) and fails to return to work at the conclusion of such leave. This template includes practical guidance, drafting notes, and optional clauses. This employment termination letter is intended for private employers. It is based on federal law and does not address all potential state law distinctions; thus, you should check any relevant state and local laws. This template addresses routine end-of-employment matters and demonstrates that the employer complied with its obligations under the FMLA as well as the reasonable accommodation requirements of the Americans with Disabilities Act, if applicable. This template may be modified as necessary to show that the employer also complied with the specific provisions of corresponding state and/or local law. Special FMLA rules apply to school employees and airline flight crews. For a full listing of key content covering departing employees, see Departing Employees Resource Kit. For a family medical leave policy template, see Family and Medical Leave Policy (with Acknowledgment), Family and Medical Leave Act (FMLA) Policy, and Family and Medical Leave Act Policy (Alternate Version). For information on the rights and obligations of employers and employees under the FMLA, see FMLA Leave: Guidance for Employers and Employees — FMLA Employer Rights and Obligations, FMLA Leave: Guidance for Employers and Employees — FMLA Employee Notice Requirements and Medical Certification Obligations, and FMLA Leave: Guidance for Employers and Employees — FMLA Leave: Employer Coverage, Employee Eligibility, and Qualifying Bases. For information on disciplining and terminating employees on FMLA leave, see FMLA Leave: Guidance for Employers and Employees — Disciplining and Terminating Employees on FMLA Leave. For information on state laws concerning family medical leave, see the Family, Medical, Sick, Pregnancy, and Military Leave column of the Attendance, Leaves, and Disabilities State Practice Notes Chart. For state-specific templates on family medical leave policies, see the Family, Medical, Sick, Pregnancy, and Military Leave column of the Attendance, Leaves, and Disabilities State Expert Forms Chart.