Termination Date when maternity leave employee does not return to work

[Guest DeePA]

Profit Sharing Plan w/401(k) feature.

Profit Sharing provided only to those employed on last day of plan year.

Employee goes on maternity leave on 11/1/02. Supposed to return on 1/16/03.

On 1/16/03 employee decides she is not returning to work.

For Plan purposes, is she terminated on 11/1/02? or 1/16/03?

Thanks!

[Appleby]

1/16/03.. . FLMA