If the employer requires, the employee must periodically report to the employer regarding the employee’s status and intent to return to work. Status generally refers to the employee’s or the family member’s progress in recovery from a serious health condition.

Anytime the employee gives unequivocal notice of intent not to return to work, the employer’s obligations under FMLA stop. This means the employer is no longer obligated to maintain group health benefits for the employee, and the employer is not required to restore the employee to an equivalent job.

For example, an employee who is on FMLA leave for the birth of a child and care of that child might advise the employer she has decided to stay home with the child and not return to work. Once the employee advises the employer of this decision, the employer's responsibilities under FMLA stop. For more detailed information, see Regulations 29 CFR Part 825.309.

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