If an employer has to downsize due to economic conditions, employees who are out on FMLA leave aren’t immune. They can be included in the reduction in force as long as their FMLA status isn’t used as a factor. But employers have to be careful—it will look suspicious if the only employee laid off happens to have been out on FMLA leave or just returned from it.
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- What are our FMLA obligations when an employee has to care for a child he isn't related to?
- Turn up volume on 'no music piracy at work' message
- Know the right way to request FMLA certification, fitness-for-duty notices
- It pays to hear both sides of the story before a firing