FMLA accrual question

[k man]

the employee was on leave during last year and into this year. they finish the leave and then they resigned from their position. the plan requires the employee be there the last day of the plan year and 1000 hours. is the employee entitled to a profit sharing for last year?

[oriecat]

How many hours did they have last year? When you say " the plan requires the employee be there the last day of the plan year", do you mean it requires them to be active or just employed? If they were on FMLA leave they are still employed.

[GMK]

I agree that if the employee came back to work after the FMLA leave ended and then quit, then the person was an employee during the leave.

If the employee simply did not return to work after the FMLA leave, then it depends on the (uniformly applied) policy for persons who do not return after FMLA leave ends. For example, if in this case the policy is that the employee is terminated as of the last day of actually being at work (and the employee was so informed before or at the start of the leave), then I'd say the person's last day of employment was her or his last day at work (and not during or after the leave). One opinion for what it's worth.