You have the go-ahead: Fire employee if you discover problems during FMLA leave — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

You have the go-ahead: Fire employee if you discover problems during FMLA leave

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in FMLA Guidelines,Human Resources,Leaders & Managers,Management Training

When an employee takes FMLA leave, chances are you’ll have to replace him with a temporary employee or assign the work to others.

What happens if the fill-in worker discovers that the employee currently out on FMLA leave wasn’t doing as good a job as you thought? Can you then fire the employee while he’s on FMLA leave?

The answer is yes, according to a recent 7th Circuit Court of Appeals decision.

Recent case: Michael Daugherty rose rapidly through the ranks at his employer, a nonprofit serving people with developmental disabilities. Daugherty started as a maintenance assistant and wound up becoming the nonprofit’s vice president of information technology.

But employees began complaining about Daugherty’s management style, and management told him to cancel his upcoming vacation so he could address the problems.

Almost immediately, Daugherty went to his doctor and got a medical excuse recommending that he take...(register to read more)

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