Q: We had an employee who went on FMLA which recently ended. We kept him employed, but on additional leave, for another month. At that time, he informed us that his doctor told him he could not come back to work because of his condition. We terminated his employment.

A month later, he came to work and said his doctor will now release him and he wants to come back. Do we have an obligation to rehire him?

A: You are not obligated to rehire this employee. His FMLA job-protected leave expired and he was terminated from the company. He may apply for any open position which he is qualified for and should be considered in the pool of all other applicants.

Bottom Line:
Best practice is to allow your former employee to re-apply for any open positions for which he is qualified for.