Is an employer required to terminate an employee if the employee's work permit expired and he or she is waiting for the new one?

Author: Melissa A. Silver, XpertHR Legal Editor

No. If an employee has applied for an extension of an employment authorization document (EAD), but does not have the document at the time of reverification, an employer is not required to terminate that employee as long as the decision is consistent with its internal workplace policies.

However, during the time between the expiration of an employee's EAD and when the employee presents new work authorization documentation, the employee must be separated from payroll.